Booking Contract Terms and Conditions

If any part of these Terms and Conditions is unclear, you should contact The Music Factory or obtain independent legal advice before confirming any booking.

Once the essential terms of a booking have been agreed between the Client and the Artist, The Music Factory (the Agent) will issue a written contract to both parties. Confirmation of a booking, whether given verbally, electronically, or in writing, creates a legally binding agreement subject to the Terms and Conditions set out below. Failure to sign or return the contract does not invalidate the agreement.

Definitions

For the purposes of this Contract:

–  The “Contract” means the booking form together with these Terms and Conditions.

–  The “Agent” is The Music Factory..

• The “Client” is the individual or organisation engaging the Artist.
• The “Artist” is the performer or act being booked.
• The “Event” is the Client’s event at which the Artist will perform.

1 | Nature of the Agreement

1.1 This Contract is negotiated by the Agent on behalf of the Client and the Artist. The Agent is not a contracting party and shall not be liable for any breach of contract by either the Client or the Artist.

2 | Booking Process

2.1 A booking is deemed confirmed immediately once both Client and Artist agree to the principal terms,

irrespective of whether this agreement is made orally, electronically, or in writing.

2.2 A formal Contract will then be issued to both parties for signature and must be returned within 5

working days. The Agent will retain copies of the signed Contract for a period of 4 years following

completion of the booking.

2.3 Amendments to the Contract may only be made by mutual written agreement of both Client and Artist and must be notified to the Agent. Any amended Contract shall replace and supersede previous versions.

2.4 Where agreed changes affect pricing, the total fee and deposit may be adjusted accordingly.

2.5 The Agent will continue to act as intermediary between the parties until the Contract has been completed.

3 | Payment of Fees

3.1 Fees are divided into two parts: the Deposit and the Balance.

3.2 The Deposit must be paid to the Agent within 5 working days of the issue of the Contract and is

payable by card or bank transfer in response to the Agent’s invoice.

3.3 The Balance must be paid directly to the Artist by bank transfer. Cleared funds must be received in the Artist’s account no later than 7 days prior to the Event date. Bank details must be confirmed with the Artist at least 4 weeks before the Event.

3.3.1 The Agent does not accept Balance payments on behalf of the Artist.

3.4 The Deposit constitutes the Agent’s fee for arranging the booking and issuing the Contract. Once the Client has signed the Contract, the Deposit is strictly non-refundable.

4 | Failure to Pay the Deposit

4.1 If the Deposit is not received within the required time, the Contract may be treated as terminated. The Client shall remain liable for the cancellation charges specified in this Contract and for the outstanding Deposit.

5 | Failure to Pay the Balance

5.1 If the Balance is not paid by the due date, the Artist may cancel the booking without penalty. In such

circumstances, the Client shall remain liable for cancellation charges under Clause 7.

5.2 Interest at a rate of 5% may be charged on overdue amounts.

5.2.1 A late payment administration fee of £50 shall also be payable to the Agent before any performance may proceed.

5.2.2 Where the Balance remains unpaid 14 days after the due date, the debt may be referred by the Artist to a debt recovery agency, with any additional costs payable by the Client. The Agent bears no responsibility

for collection of the Balance.

6 | Mutual Cancellation

6.1 The Contract may only be cancelled by written agreement of both Client and Artist, and the Agent must be notified immediately.

6.2 In the event of mutual cancellation, the Deposit shall be retained by the Agent.

7 | Cancellation by the Client

7.1 If the Client cancels the booking for any reason, the following charges apply:

More than 365 days prior to the Event: No fee

Within 48 hours of confirmation (unless booked within 7 days of event): No fee

More than 90 days prior to the Event: 60% of total fee

More than 60 days prior to the Event: 80% of total fee

60 days or fewer prior to the Event: 100% of total fee

7.1.1 These fees are in addition to the non-refundable Deposit.

8 | Cancellation by the Artist

8.1 The Artist may not cancel the booking unless in circumstances laid out in clause 5.1

8.2 If the Artist does cancel, the Client may pursue legal remedies. The Artist must pay the Agent an

administration fee equal to the Deposit within 30 days.

8.2.1 The Artist shall also be liable for any difference in cost between their fee and that of a replacement Artist.

8.3 The Agent will endeavour to secure a suitable replacement Artist at a comparable price. If a higher-priced

Artist is selected, any additional deposit shall be payable within 3 days. The Balance shall reflect the

replacement Artist’s fee, less any deposit already paid.

8.4 Where cancellation fees are not paid by the Artist within 14 days, the debt may be referred for

recovery, and additional costs may be incurred.

9 | Complaints

9.1 Any complaint must be submitted in writing via the Agent within 30 days. The Agent will attempt to

mediate between the parties. If no resolution is reached, each party should seek independent legal advice.

9.2 Payment obligations remain in force regardless of any complaint.

9.3 Disputes arising from changes agreed directly between Client and Artist without the Agent’s involvement must be resolved between those parties.

9.4 The Agent bears no responsibility for failures of either Client or Artist.

9.5 Complaints relating to future events must be submitted in writing; the Agent will respond within 30 days.

10 | Client Obligations

The Client shall ensure, at their own cost, that all necessary facilities, licences, safety compliance, catering,

parking, and performance conditions are met, and that future bookings with the Artist are made through the Agent for 18 months following the event.

11 | Artist Obligations

The Artist shall perform to professional standards, maintain appropriate insurance, provide suitable equipment, conduct themselves appropriately, and refer future bookings through the Agent.

12 | Expenses

12.1 No additional expenses are payable unless expressly agreed in writing. Any approved expenses must be invoiced within 7 days and paid within a further 7 days.

13 | Equipment

13.1 Artist equipment may not be used by others without written consent.

13.2 The Client is liable for damage to the Artist equipment caused by themselves or their guests.

14 | Schedule Changes

Changes to performance times must be agreed where possible, may incur additional fees, and do not alter the obligation to pay the agreed fee.

15 | Substitute Performers

The Artist may use suitably qualified substitutes without fee reduction unless a named individual is specifically contracted.

16 | Photography and Video

The Client must notify the Artist or Agent in advance if they do not consent to use of images or recordings for

promotional purposes.

17 | Force Majeure

Neither party shall be liable for failure to perform due to circumstances beyond reasonable control. Where

possible, bookings will be rescheduled and payments transferred. If not possible, the Deposit shall be retained by the Agent.

18 | Jurisdiction

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of this Contract.

19 | General

By signing this Contract, the parties confirm they have read, understood, and agreed to be bound by these Terms and Conditions.