1.1. The following definitions apply in these Conditions:
- Agent: Music for Scotland Ltd (SC391445) whose registered office is at 9-10 St Andrews Square, Edinburgh, Scotland, EH2 2AF;
- Booking Fee: the non-refundable booking fee, as set out in the Confirmation Email, payable by the Hirer to the Agent;
- Conditions: these terms and conditions;
- Confirmation Email: the email from the Agent to the Hirer and the Entertainer confirming the details of the booking;
- Contract: the contract, comprising of the Confirmation Email and these Conditions, between the Hirer and the Entertainer (effected via the Agent acting as agent for the Entertainer, its disclosed principal);
- Entertainer: the musician(s) or other acts booked by the Hirer to perform at the Event;
- Event: the event hosted by the Hirer at which the Entertainer has been booked to perform;
- Extended Performance Fee: the fee identified in Condition 5.6.1;
- Force Majeure Event: occurs where a party is unable to comply with its obligations under the Contract for a reason outside of its control (such as war, fire, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God) and which is not attributable to any act or failure to take preventive action by the Entertainer or the Hirer;
- Hirer: the customer;
- Performance Fee: the fee payable by the Hirer to the Entertainer in exchange for the Entertainer’s performance at the Event in accordance with the further details set out in the Confirmation Email.
- 1.2.1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- 1.2.2. A reference to a party includes its personal representatives, successors and permitted assigns.
- 1.2.3. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
- 1.2.4. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- 1.2.5. A reference to writing or written includes fax and email.
2. The Contract
2.1. The Contract is negotiated by the Agent acting as agent only for its disclosed principal, the Entertainer, and is made between the Hirer and the Entertainer. The Agent is party to the Contract only to the extent and for the sole purpose of receiving payment of the Booking Fee in accordance with Condition 4. The Agent is otherwise not a party to the Contract and shall not be held liable for a breach or cancellation of the Contract by the Hirer or the Entertainer, however caused.
2.2. Once the booking has been confirmed to the Agent by the Hirer and the Entertainer, the Agent will send the Contract to both the Hirer and the Entertainer.
2.3. A copy of the Contract must be signed by the Hirer and returned to the Agent along with the Booking Fee within 7 days’ of the date on which the Contract is issued to the Hirer by the Agent.
3. Booking Fee
3.1. The Hirer shall pay the Booking Fee to the Agent within 7 days’ of the date on which the Contract is issued to the Hirer by the Agent. If the Hirer fails to pay the Booking Fee to the Agent in accordance with these Conditions, the Entertainer shall not be required to perform at the Event.
3.2. Where the Booking Fee is being paid by cheque, this should be made payable to “Music for Scotland”.
3.3. The Agent will be entitled to be paid for and to retain the Booking Fee for its agency services, costs and expenses incurred up until the issuing of the Contract.
3.4. The Booking Fee is entirely non-refundable and no breach or cancellation of the Contract by either the Hirer or the Entertainer will result in the Booking Fee being refunded to the Hirer.
3.5. The Agent reserves the right to re-engage the Entertainer on other engagements where (i) the Booking Fee has not been settled by the Hirer within 7 days’ of issue of the Contract; and (ii) 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 and the parties agree that the Contract shall terminate automatically.
4. Performance Fee
4.1. Unless otherwise agreed in writing by the Agent, the Performance Fee is payable in cash to the Entertainer (or their authorised representative) prior to the performance on the day of the Event.
4.2. Unless otherwise specified, the quote for the Performance Fee, as provided in the Confirmation Email, will include travel expenses, hire of P.A. system (if required) hire of lighting (if required) and interval music services (if required).
4.3. If any additional expenses will be incurred (e.g. taxis, food, rehearsal time, hotels, flights, parking etc.) these should be mutually agreed in writing, between the Entertainer and the Hirer, before the date of performance and an amended total fee agreed.
4.4. In the event of failure by the Hirer to pay the Entertainer (or their authorised representative) the Performance Fee in accordance with the terms of the Contract, then the Entertainer may, at its option: (a) refuse to perform at the Event; or (b) perform at the Event but charge a late payment administration fee of £50 to the Hirer which will be payable to the Entertainer in full within 14 days of the date of the performance.
4.5. In the event that the Performance Fee has not been paid within 14 days when it falls due, the Entertainer shall be entitled to commence recovery proceedings via legal process or through a third party debt recovery company.
5. Performance alterations
5.1. In the event of any unavoidable changes to the schedule on the day of the Event, these should, where possible, be agreed between the Hirer and the Entertainer (or their authorised representatives) prior to performance.
5.2. Any such changes will be subject to these Conditions and should be confirmed in writing before a third party witness.
5.3. If the Entertainer advises that such changes result in additional charges and costs to the Hirer then the Hirer shall pay such additional charges and costs in full to the Entertainer (or their authorised representative) in cash on the day of the Event together with the Performance Fee.
5.4. Set up
- 5.4.1. Normal set-up times for the Entertainer is 60 minutes for non-acoustic acts or 30 minutes for acoustic acts. 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.
- 5.4.2. 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) (“Early Set-up Fee”) will apply unless otherwise agreed between the Hirer and the Entertainer. 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 will pay the Early Set-up Fee to the Entertainer in cash on the day of the Event together with the Performance Fee.
5.5. Schedule changes
- 5.5.1. 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 for this reason, no reduction in the Performance Fee will be given.
- 5.5.2. Where a delay is attributable to the Hirer or venue, there is no obligation on the Entertainer to perform later than the finish time stated in the Contract. Where a 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 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.
- 5.5.3. If the Entertainer and the Hirer both agree to a finish time which is later than that stated in the Contract a late finish fee will be charged in accordance with Condition 5.6 below.
- 5.5.4. Where the Hirer wishes to claim a reduction in the Performance Fee 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 their authorised representatives) and confirmed in writing on the day of the Event before a third party witness.
5.6. Extended Performance
- 5.6.1. If the Entertainer (or their authorised representative) is asked by the Hirer to perform for longer for the performance time stated in the Contract, the Entertainer may charge an Extended Performance Fee of £75 to £125 (depending on the number of performers) per additional half hour of performance time or part thereof.
- 5.6.2. The Extended Performance Fee is payable by the Hirer to the Entertainer in cash on the day of or at the end of the Event unless otherwise agreed between the Hirer and the Entertainer (or their authorised representatives).
- 5.6.3. If an extended performance 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.
6. Hirer’s obligations
6.1. The Hirer must ensure:
- 6.1.1. 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;
- 6.1.2. 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;
- 6.1.3. that the performance venue:
is willing to accommodate the chosen live music performers and has suitable performance licences in place; and
will provide a safe performance area.
- 6.1.4. that all applicable laws and local authority regulations are adhered to.
- 6.2. The Hirer will disclose, or will procure that the venue will disclose, all relevant information to the Entertainer as soon as reasonably practicable prior to the date of the Event.
- 6.3. 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 the Hirer’s guests / customers. The Entertainer’s equipment and instruments may not be used by other performers or persons except with the prior written permission of the Entertainer.
7. Entertainer’s obligations
7.1. The Entertainer shall inform the Hirer in advance of any additional power requirements.
7.2. The Entertainer must ensure that all equipment it uses meets the statutory health and safety requirements.
7.3. The Entertainer accepts responsibility for any damage, loss or injury caused to the Hirer’s venue or guests / customers directly arising from the Entertainer’s equipment or unprofessional behaviour.
7.4. The Entertainer 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 its own equipment.
8. Obligations as to performance
8.1. 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, the Hirer’s guests / customers and all venue staff and adhere to the Hirer’s reasonable requests.
8.2. Unless otherwise stated in the Contract, the Entertainer will provide all equipment necessary for the performance. The Entertainer will ensure that all such equipment used is in good working order and carries all necessary insurance and certification.
8.3. The Entertainer will not:
- engage in the excessive consumption of alcohol before, during or after the performance and at all times when the Hirer or the Hirer’s guests / customers are present;
- partake of any illegal drug on the day of the Event, whilst at the Event venue, or whilst in the presence of the Hirer, the Hirer’s guests / customers, venue staff or other associated suppliers or entertainers;
- smoke in restricted areas or park their vehicles in restricted areas at the performance venue; or
- display any conduct deemed antisocial, illegal, nor reflecting badly upon themselves, the Agent, or the Hirer.
8.4. Where reasonably requested to do so by the Hirer, the Entertainer agrees to adjust the volume of any equipment.
8.5. At the time of agreeing to or signing the Contract, the Entertainer warrants that it will not be under any contract to a third party which may prevent it from fulfilling the engagement with the Hirer.
8.6. Business cards or promotional materials of the Entertainer will not be circulated by the Entertainer (or any members of the Entertainer’s party).
8.7. Except with the express consent of the Hirer (or where the wearing of certain attire is deemed to be a necessary part of its act) the Entertainer will be suitably and tidily dressed during the performance.
9. Cancellation or variation of the Contract
9.1. The Contract may not be modified or cancelled except by mutual consent in writing signed by both the Hirer and the Entertainer and copied to the Agent.
9.2. Cancellation of the Contract by either the Hirer or the Entertainer must be intimated in writing.
9.3. Force Majeure Event
- 9.3.1. On or before the date of the Event, if a Force Majeure Event occurs which renders the Contract impossible to fulfil, the Entertainer or Hirer may cancel the performance without penalty other than loss of the Booking Fee already paid by the Hirer which will be retained to cover the services, costs and expenses incurred by the Agent up to the issuing of the Contract.
9.4. Cancellation by the Hirer
- 9.4.1. If the Hirer wishes to cancel the booking for any reason other than a Force Majeure Event, the Hirer agrees to inform the Agent and the Entertainer 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 as follows:
- 184.108.40.206. no fee will be payable where the Hirer gives notice to cancel the booking 91 days’ or more prior to the date of the Event;
- 220.127.116.11. 25% of the Performance Fee will be payable by the Hirer if the Hirer gives notice to cancel the booking between 61 and 90 days’ of the date of the Event;
- 18.104.22.168. 50% of the Performance Fee will be payable by the Hirer if the Hirer gives notice to cancel the booking between 31 and 60 days’ of the date of the Event; and
- 22.214.171.124. the full Performance Fee will be payable by the Hirer if the Hirer gives notice to cancel the booking within 30 days’ of the date of the Event,
For the avoidance of doubt, the cancellation fees outlined above are exclusive of the Booking Fee.
9.5. Cancellation by the Entertainer
- 9.5.1. If the Entertainer wishes to cancel the booking for any reason other than a Force Majeure Event, the Agent will inform the Hirer with immediate effect and endeavour to find a replacement act.
- 9.5.2. Where the Hirer agrees to a replacement act, a new contract will be issued by the Agent to the Hirer and replacement act to reflect the new booking and this Contract shall terminate.
- 9.5.3. If the Hirer is unable or unwilling to agree to any of the replacement acts put forward by the Agent, the Agent will refund the Booking Fee already paid the Hirer within 5 working days.
- 9.5.4. The Entertainer will reimburse the Agent for any Booking Fee repaid or to be repaid to the Hirer pursuant to Condition 9.5.3 within 5 working days of a demand from the Agent to do so.
10. Use of alternative musicians
Except in the case of unforeseen circumstances, the musicians advertised to the Hirer as forming the Entertainer will perform at the Event. In unforeseen circumstances, it may be necessary to use alternative musicians (“Deputy Musician”). The Entertainer reserves the right to use a Deputy Musician or Deputy Musicians if the need arises. The use of Deputy Musicians does not constitute grounds for cancellation and neither the Performance Fee nor the Booking Fee shall be reduced if Deputy Musicians are used.
11.1. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
11.2. Neither the Entertainer nor the Hirer shall be permitted to assign any of its rights or obligations under the Contract.
11.3. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Condition shall not affect the validity and enforceability of the rest of the Contract.
11.4. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 for any third party to enforce or otherwise invoke any term of the Contract. The Agent shall have a right to enforce any rights it may have under the Contract and the following terms of the Contract: Conditions 2, 3, 8.6 and 9.5.3.
11.5. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the laws of Scotland.
11.6. Each party irrevocably agrees that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.