The Eclectix – Ultimate Party & Function Band Live Music Booking Contract
By booking us, you are entering into a binding contract for the supply of live music by The Eclectix on a particular date and time for an agreed fee. These terms and conditions are intended to be reasonable and appropriate to a booking. You agree that the following terms and conditions shall govern that contract, that these shall take precedence over any other terms and conditions and, English Law shall govern their interpretation. The terms and conditions outlined below apply to all engagements.
The words “you” or “your” mean or refer to the person(s) booking and the venue’s management and staff.
The word “venue” means the place at which the performance occurs and may be a building, tent, hall or other construction used for the purpose of the performance.
The word “client” or “guests” mean or refer to members of the public at the venue whether present through admission (i.e., by ticket or fee) or not and, any other performing artists booked by the venue.
The words “The Eclectix”, “band”, “we”, “our”, “ourselves” and “us” mean or refer to members of the band The Eclectix and any road, lighting, or sound crew with the band.
The words “our equipment” mean all electrical and mechanical devices, cases, musical instruments, cables, microphones, amplifiers, speakers, lighting, stands and accessories owned or hired by us and used in the live performance.
The words “the event” mean the whole of our time at the venue, including arrival, setting up, performance, breaks and breaking down and packing equipment away.
Like most musical groups, The Eclectix play for a very modest reward. Given the cost of instruments, equipment and transport, our overheads are considerable. However, we really enjoy doing it and we play as professionally as possible. All we ask are reasonable amounts to help defray some of the costs. In applying these conditions, it is always our intent to be reasonable.
Licenses, Insurances & Certificates
You agree that you have the necessary licenses, insurance and certificates for us to perform including but not limited to:
- An up-to-date fire certificate for the venue;
- A premises, personal or event license permitting our live performance;
- Performing rights license;
- Public performance license;
- Public liability insurance;
- Employer’s liability insurance.
It is the responsibility of each musician to hold appropriate public or personal liability insurance.
Health & Safety
You agree that it is your responsibility to ensure the venue is safe for clients, your management, staff and us and, to notify us of safety procedures applicable at the venue on or before our arrival.
You also agree to provide the following:
Suitably earthed single-phase electricity supplies that will not endanger our safety or damage our equipment and, incorporate RCD’s (residual current devices) that have been subject to regular safety inspections as required by law.
A double or two single sockets nearby are required plus a socket on a separate ring for lighting (where appropriate);
A safe place for the transportation, setting up and operation of the equipment including, but not limited to, a stage or floor space that is flat, non-slip, free from dirt, debris and liquids and capable of safely supporting us and our equipment and, clear access to the stage or floor space from outside the venue;
Safe equipment provided by you at the venue (where applicable) including, but not limited to, fireproof stage curtains, lighting and lighting stands or gantries and, PA amplification that is connected to a supply that is protected by an RCD (residual current device).
We maintain, inspect, test and operate our equipment to ensure the safety of ourselves, the venue and its management, staff and clients. We shall not be liable for any injury or damage arising from touching or attempted use of our equipment by the venue’s management, staff, and clients.
You agree that you are responsible for the conduct of your clients, staff, and guests. If at any time during the event, we consider that our equipment or ourselves to be under threat, verbally or physically, we reserve the right to terminate the contract without notice. You agree that the full fee shall be payable to us in these circumstances.
Deposit & Upfront Expenses
For private performances we require a proportion of the agreed fee in advance, currently £150. This is non-refundable but once paid will secure the performance date as discussed and agreed. We will deduct this and any other prepaid deposits or fees from the final invoice.
Access To The Venue
We require at least 60 to 90 minutes to set up prior to the performance and to at least 60 minutes to pack up after the performance. You agree to inform us if the playing space is not located on the ground floor or special access is required to allow us a longer set up/break down period for our equipment.
Performance, Arrival & Departure Times
All bookings made by private individuals assume the band to be on site from 6pm until 1am with live performances completing by midnight, or within a very close proximity to midnight. Early arrivals, before 6pm, and late finishes, after midnight, require prior arrangement and are subject to additional fees beyond that of our standard quotation for live music. It is your responsibility to advise us upfront, and in good time, of any early or late operational hours. The fees for these additional hours start from £150 per hour, but may be adjusted, depending on the nature of the hours involved and the work expected to be done during that time.
Food And Drink
When we are booked for evening events we are often away from home more than 14 hours, and up to seven of these might be spent at your venue. This is a long time, so we ask you to provide a hot meal for each band member (there are 6 members in The Eclectix), either immediately after we have set up our equipment or during the interval. You do not need to give us the same meal as your guests, but we will need something more substantial than sandwiches and crisps. If you are having a buffet, it is fine to offer this to the band as well as your guests, but please make sure there is enough time for the band to queue before eating. If your venue can not provide a meal for the band, there will be a meal subsidy of £10 per band member so that we can buy food elsewhere. The band would also appreciate being provided with water or soft drinks while we are at your venue, within reason. (You don’t need to provide alcoholic drinks for us, but we appreciate it when you do!)
You do not need to provide a hot meal for afternoon events unless we are at your venue for over three hours, but we would still appreciate water and soft drinks.
Duration Of Performance
Unless otherwise agreed in advance, the performance shall normally consist of two sets of 45-60 minutes duration separated by a break of half an hour.
Where you require additional performance time not previously agreed, this shall be at our sole discretion and shall be chargeable at a rate to be agreed at the time.
Cancellation By You
If you book us and subsequently cancel, you owe us the agreed fee or part there of as shown below (optionally waived at our sole discretion) and in addition to any previously paid deposits:
- More than 90 days notice – No cancellation fee, booking deposit retained;
- 61 to 90 days notice – 25% of the agreed fee;
- 31 to 60 days notice – 50% of total agreed fee;
- 30 days notice or less – total agreed fee.
If you ask us to stop playing because you decide it is not what you want, you owe us the agreed fee.
Cancellation By The Eclectix
We reserve the right to cancel for any reason, though normally that will only occur because of circumstances beyond our control (e.g., illness, incapacity, breakdown of equipment or transportation or, extreme weather conditions). You agree that, if we cancel, we will not be liable for any cancellation fees or your losses. If this occurs, we will give you as much notice as possible and will try to help you with booking an alternative band if you wish. You agree to confirm any cancellation by telephone by calling back on 07484 674 499
Delay, Interruption Or Suspension Of Performance
In the unlikely event that the performance is delayed, curtailed or stopped due to events beyond our control, including but not limited to, equipment failure, power failure, noise limiters, time restrictions, venue’s staff absence, smoke detector activation, closure of the venue by police, fire brigade or other public authority or, licensing/certification problems, you agree to pay the fee in full.
Date And Time Of Performance
With all but very late bookings, we will send you posters for the performance. These are normally sent between 4 and 6 weeks prior to the performance date and can be sent as soft or hard copy as you prefer.
You agree that it is your responsibility to advertise the performance and that we have no responsibility to advertise.
However, we normally publicise our performances on our website and social media channels from the date they are booked and thereafter on listings and social networking websites.
You agree that you will fully indemnify us for damage, loss or confiscation of our equipment or instruments on your premises resulting from any act or omission on your part or, failure to comply with these terms and conditions.
Upon payment of deposit you agree to these terms and conditions.