Terms & Conditions
The following are the standard terms and conditions for The Acoustic Underdogs for playing live music at your event.
A copy of our terms and conditions (or a link to this page) will be sent to you at the time of booking and we ask that you read them carefully before confirming your booking and paying your deposit*.
*Please note that bookings cannot be secured without us having received cleared payment of a 20% fee advance.
Please read carefully our terms and conditions document which applies all bookings.
Our terms and conditions are designed to offer peace of mind to all parties and to ensure the safety of the band, the client and their guests and customers. There are no catches or small print to watch out for – what you see is what you get.
If you have any questions about anything on this page then please do not hesitate to contact us on info@acousticunderdogs.co.uk
TERMS AND CONDITIONS
If you do not understand any part of these Terms and Conditions, please contact The Acoustic Underdogs or seek legal advice before agreeing to them and confirming a booking.
By using this website or engaging The Acoustic Underdogs in the provision of services, you are confirming that you have read, understood and agreed with the following terms.
Upon confirmation of a booking (in accordance with clause 2.1 below), The Acoustic Underdogs (the ‘Band’) will issue these terms and conditions and the Entertainment Booking Form (together the "Contract") to the Client (as defined in the Entertainment Booking Form) for agreement and/or signature, and this must be returned within two working days. Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be a legally binding contract subject to the following non-negotiable terms and conditions of booking:
1. Introduction
1.1 This booking contract is negotiated and made between the Band and the Client.
1.2 All terms used in the Entertainment Booking Form shall apply in these terms and conditions.
2. Confirming the booking
2.1 All bookings take effect immediately upon acceptance of the booking by BOTH the Client and the Band, whether orally, electronically or in writing ("Confirmation").
2.2 The fact that the Contract has not been signed or returned is not sufficient to invalidate the booking or acceptance of these terms.
3. Changes to a contract
3.1 The agreed Total Cost may be subject to change if any details of the Contract are altered (by agreement with both the Client and the Band).
3.2 All proposed changes to the Contract must be arranged and agreed between the Client and the Band in advance of the Event Date.
4. Payment of fees
4.1 The Total Cost is inclusive of reasonable expenses (including but not being limited to the Band’s reasonable travel time and cost). The Band shall provide a breakdown of the Total Cost within 14 days of a request if required by the Client.
4.2 The agreed Deposit is due strictly within seven working days of invoice. Deposits can be paid through bank or online transfer (details for payment are set out in the Entertainment Booking Form or invoice). The Deposit is non-refundable.
4.3 Unless otherwise agreed by the Band and the Client in writing on the Entertainment Booking Form, the Balance is payable to the Band via cash, bank or online transfer.
4.4 If any fee which the Client is due to pay prior to the Event Date has not been received at least 7 working days before the Event Date, the Band has the right to terminate this Contract without penalty and the Client will forfeit any other fees paid previously, and remain liable for any cancellation fees due (see clause 5 below).
5. Cancellations by the Client
THE CLIENT'S ATTENTION IS DRAWN SPECIFICALLY TO THIS CLAUSE.
Cancellation by the Client:
5.1 The Client shall have the right to terminate this Contract only in the case of a Force Majeure Event (as defined by clause 18) provided that the Client informs the Agent as soon as reasonably practicable on becoming aware of the Force Majeure Event.
5.2 If the Client does not cancel the Contract in accordance with clause 5.1 or for any reason other than a Force Majeure Event the Client shall be liable to pay a cancellation fee, in addition to the loss of the Deposit, calculated as follows:
5.3.1
CANCELLATION CANCELLATION FEE
Less than 48 hours after Confirmation nil
Up to 90 days before Event 50% of Full Fee
Up to 61 days before Event 75% of Full Fee
60 days before Event 100% of Full Fee
5.4 All cancellation fees shall be paid to the Band within 14 days of the Notice of Cancellation.
5.5 Any payment outstanding from the Client will be referred to the Band’s debt recovery company and will be subject to a surcharge of 15% plus VAT to cover administration fees and costs incurred. Such surcharge together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable.
5.6 It is the Client's responsibility to ensure their venue at the Event Address can accommodate the Band and non-performance of this Contract by Band due to venue restrictions shall result in the Client being liable to pay the Total Costs.
6. Cancellation by the Band
6.1 The Band shall have the right to terminate this Contract only on the occurrence of a Force Majeure Event.
6.2 The Band shall inform the Client as soon as reasonably practicable on becoming aware of a Force Majeure Event. The Band shall notify the Client of the cancellation as soon as reasonably possible after making all reasonable attempts to find a suitable replacement artist of similar standard, style and cost. Should a suitable replacement not be found, the Band agrees to refund the Client any fees already paid in advance within 21 days of cancellation (aside from the Deposit).
6.3 Without prejudice to any other rights the Client may have, the Band shall not be liable for any loss, damage, cost or expense arising out of the breach, which was not reasonably foreseeable by the Band at the date of the Contract.
6.4 The Client shall have the right to reject any last minute replacement artists provided that the replacement artist is not required to perform. If the Client still requires the replacement artist to perform, then their full fee will be due.
6.5 Any payment outstanding from the Band will be referred to the Band’s debt recovery company and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Band.
7. Late payment of a deposit
7.1 Failure by the Client to pay the Deposit within the terms specified will be deemed to be a termination of the Contract by the Client and clause 5.3 shall apply.
8. Late payment of the balance
8.1 Failure by the Client to pay the Band within the terms specified will result in interest being charged on the balance due.
8.2 The Band reserves the right to claim interest on late payments at 3% above the Bank of England base rate from time to time.
8.3 Non-payment of the Balance will result in legal action and any payment outstanding from the Client outside of these terms will be referred to the Band’s recovery company and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable.
9. Complaints
9.1 If through its own fault the Band is unable to fulfil part of the event schedule or breaks the terms of this contract and the Client would like to claim a reduction on the Band’s fee, a complaint must be made in writing to the Band no more than 7 days after the Event Date. Full payment must still be made to the Band as agreed in the contract. The Client shall not be entitled to set off any discount it feels it is due against the payment of the Total Cost. Failure to pay the Band within the terms of this Contract will incur charges outlined in clause eight above.
9.2 Once the Client has made a written complaint, the Band will review and provide a written statement detailing their version of events, and will present it’s proposed solution to resolve the dispute. The Client and the Band will work together in good faith in order to come to an amicable agreement over any refund or expense which may be due. If the Client and the Band cannot settle the dispute to the mutual satisfaction of them both, both parties shall be entitled to take further legal advice and pursue any other course of action.
9.3 In the event of an amicable settlement not being reached following discussions between the Client and the Band, the parties agree to enter into mediation or another form of Alternative Dispute Resolution so as to avoid unnecessarily costly and protracted litigation.
10. Changes on the Event Date
10.1 Where possible, changes to the contract schedule that are unavoidable on the Event Date, should first be discussed and agreed with the Band prior to the performance.
10.2 If changes negotiated between the Client and the Artist on the Event Date are agreed to incur additional costs to the Client, the Client agrees to pay these fees directly to the Band on the Event Date either via cash, bank or online transfer.
10.3 Any changes will be subject to these terms and conditions.
11. Delayed event schedules and late finish fees
11.1 If due to the late running of or alterations to the Event schedule, which is no fault of the Band, the Band is not able to perform their full performance time within the program outlined in this contract, there will be no reduction in the Band’s fee. This includes but is not limited to:
a) equipment failure
b) power failure
c) noise limiters
d) time restrictions
e) smoke detector activation (malicious or otherwise)
f) closure of the venue by police, fire brigade or other public authority
g) licensing/certifation issues
h) one of your guests continually disturbing the bands performance or interfering /mistreating the bands equipment during the bands performance or during the breaks
11.2 If the Event runs late and the Band is asked and agrees to finish later than the finish time in the booking contract, and the Band does not agree an additional charge, then 10% of the total balance due per ½ hour over run, payable on the Event Date by the Client to the Band via cash or bank transfer shall become due as a late finish fee.
11.3 The Band has the right to refuse to finish later than the contracted finish time without penalty.
12. Extended performance fees
12.1 If the Event schedule is changed on the Event Date and the Band is required and agrees to perform for longer than the agreed performance times and no additional charge is decided by the Band on the Event Date, 25% of the total balance for every 25% that the initially agreed performance times are extended, payable by the Client to the Band in cash or by bank transfer on the Event Date shall become due as an extended performance fee.
12.2 The Band has the right to refuse to extend their performance times without penalty.
13. Re-engagement of the Band
13.1 The Client agrees to negotiate all future bookings of the Artist with the Band for the period covering the issue date of this Contract until 18 months after the Event Date on this contract.
13.2 The Band shall be permitted to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details to the Client, their guests, staff, Venue or contractors.
14. Expenses
14.1 If this Contract includes a schedule containing the Band’s requirements for food, accommodation, dressing rooms, technical specifications, etc, then the Client shall meet such requirements at its own expense.
14.2 If the Client has agreed to cover additional expenses incurred by the Band (including but not being limited to travel, refreshments, rehearsal time, accommodation) the Band must provide receipts and an invoice to the Client within 7 days after the Event Date.
14.3 The Client shall reimburse all expenses to the Band within 7 days of receipt of the invoice.
15. Sound limiters & volume
15.1 The adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires should the Client request such a change.
15.2 The Band cannot guarantee the quality of its performance should the volume be reduced below the level of any unamplified drum kit and/or backline instruments.
15.3 The Band cannot be held responsible for non-performance in circumstances where a sound limiter is set so low that live music performance is not possible.
16. Band equipment
16.1 The Client and the Band agree that the equipment and instruments of the Band are not available for use by other performers or persons without the express consent of the Band.
17. Use of alternative/deputy performers
17.1 This clause covers any person or persons who stand in for one or more of the Band’s standard group of performers should they be unable.
17.2 The Band will perform using their standard group of performers as advertised to the Agent and the Client unless otherwise agreed, or it is necessary due to a Force Majeure Event. The Band agrees that any deputy performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the deputy will have a good knowledge of the Band’s repertoire, and represent the Band to the same high standard that is known and expected by the Client.
17.3 The Band agrees that if a standard performer is ill and a suitable deputy performer is available, provided that this performer can satisfy the conditions of competence outlined above, the Band shall use the services of the deputy performer rather than cancel the booking.
17.4 There will be no reduction in the Band’s fee if a deputy performer is used.
17.5 Nothing in this clause shall prevent the Band from using alternative performers where the Band has advertised that alternatives may be used or that it does not use a fixed line up.
18. Force Majeure Event
18.1 A "Force Majeure Event" occurs where a party is unable to comply with its obligations under this Contract for a reason outside of its control (such as war, fire, death, illness or other capacity certified by a duly 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 Band or Client.
19. Rights of Third Parties
19.1 No other person who is not party to this Contract may enforce its terms by virtue of the Contracts (Rights of Third Parties) Act 1999.
20. General
20.1 This Contract may be executed in any number of counterparts each of which when executed and delivered are an original, but all the counterparts together shall constitute the same document.
20.2 The parties agree that this contract is governed by English law and hereby submit to the exclusive jurisdiction of the courts of England and Wales.
APPENDIX - BAND SERVICE GUARANTEE
The Band agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the Band show, as known and as advertised to the Client via distribution of the Band’s demo CD’s, promotional materials, profiles, pictures, videos, web page, etc. The Band will make every effort to ensure their performance is outstanding, adhere to the Client’s wishes within all reasonableness, be polite and courteous with the client, their guests and all venue staff and contractors. The Band agrees to provide all equipment required to undertake this performance, unless the equipment has been contractually agreed to be provided by the Client or a third party. The Band agrees that their fee is inclusive of all expenses (except those that have been itemised or accounted for separately on the front of this contract), including holiday entitlements, travelling expenses to and from the venue, VAT, tax, N.I. etc and covers any payments whatsoever due to other members of the band. It is the Band’s responsibility to ensure the good working order and safety of their equipment, and to obtain all necessary insurances & certification. The Band will refrain from excessive drinking before, during and after the performance at all times when the Client or their guests are present. The Band will not under any circumstances partake of any illegal drug use on the day of the event, or whilst at the event venue, or whilst in the presence of the client, their guests, venue staff or other associated suppliers or artists. The Band will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue. The Band will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, or the Client. The Band at the time of agreeing to or signing this contract shall not be under any contract to a third party that might preclude them from fulfilling the engagement. The Band shall be suitably and tidily dressed during their performance except with the consent of the Client or where the wearing of other attire is considered to be an essential part of their act. 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.
END.