Hire a Band for your Wedding or Function

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Terms and Conditions

If you do not understand any part of these terms & conditions, please call Hoot Management Limited for clarification or seek legal advice before agreeing to them. Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be a legally binding contract and subject to the following non-negotiable conditions:

1: Definition

The following definitions refer to the ‘Booking Contract’ and these ‘Terms and Conditions’. Hoot Entertainment/ Hoot Management Limited is the ‘Agent’, and acts as negotiator between the ‘Client’ and ‘Artist’. Therefore, the ‘Agent’ acts as an employment agency and is not a party to the resulting ‘Booking Contract’ itself. Therefore, the ‘Agent’ does not accept responsibility for non-fulfillment of, or breach of contract howsoever caused.

2: The Booking Process

The ‘Booking Contract’ is negotiated by the ‘Agent’ and is made between the ‘Client’ and the ‘Artist’. Once the booking has been confirmed with the ‘Client’ and ‘Artist’, the ‘Agent’ issues the ‘Client’ a ‘Booking Contract’ for signature. This should be checked, signed and returned to the ‘Agent’ within 3 days. Similarly, the ‘Artist’ shall then also be issued a ‘Booking Contract’ for signature to be returned within 3 days. Upon receipt, the ‘Agent’ shall file both copies. Copies of the signed ‘Booking Contracts’ will be available on request.

All bookings take effect immediately upon acceptance of the booking by both the ‘Client’ and the ‘Artist’ whether aurally, electronically or in writing. (‘Confirmation’)

An unsigned or unreturned ‘Booking Contract’ is not sufficient to invalidate the booking or acceptance of the terms.

The ‘Booking Contract’ may be modified by agreement from all parties concerned (in particular the ‘Client’ and ‘Artist’). However, all alterations must be notified and agreed by the ‘Agent’ who will continue to act as negotiator in advance of the event.

The agreed total cost may be effected and subject to change if any details of the ‘Booking Contract’ are altered (by agreement of the ‘Client’ and the ‘Artist’). Where necessary the ‘Booking Contract’ will be amended and re-issued by the ‘Agent’.

The ‘Agent’ will continue to act as the agent and negotiator between the ‘Client’ and the ‘Artist’ for a period of up to 15 months after the event.

3: Payment of Booking Fees

Payment terms will be agreed with the ‘Client’ before the issue of the ‘Booking Contract’.

If booking using a deposit (as specified in the ‘Booking Contract’ and ‘Invoice’), the deposit sum due must be paid strictly within 7 days of the ‘Booking Contract’ and ‘Invoice’ issue date. Any remaining balance will be due no later than 10 working days prior to the event date.

The total cost indicated on the ’Invoice’ will be inclusive of all fees, including but not limited to artists travel time, costs, reasonable out of pocket expenses and relevant tax if applicable. A detailed breakdown of the costs will be indicated on the ‘Invoice’.

If paying the total fee (as specified in the ‘Booking Contract’ and ‘Invoice’), this will be due within 7 days of the ‘Booking Contract’ and ‘Invoice’ issue date.

To secure the ‘Clients Booking’, payments can be made by cheque, BACs transfer, debit or credit card for deposits, full payments, or part payments. At the discretion of the ‘Agent’ and the ‘Artist’, the ‘Client’ may also be able to pay the remaining balance on the day of the event to the ‘Artist’ in cash prior to the event commencing.

For any payments not received within the allotted time frame, this may be perceived as a breach of contract and may result in the termination of the ‘Booking Contract’ without penalty to either the ‘Artist’ or ‘Agent’. In these circumstances, any monies already paid will be non-refundable. Additionally, the ‘Client’ remains liable for cancellation fees as outlined in Clause 4: ‘Cancellations’ of these 'Terms and Conditions'.

4: Cancellations

Payment terms will be agreed with the ‘Client’ before the issue of the ‘Booking Contract’.

Cancellation by either party is not allowed except where Clause 12: ‘Force Majeure’ applies or where the ‘Client’ and ‘Artist’ mutually agree to cancel the booking (this must be provided in writing by both parties to the ‘Agent’). In either event forfeiture of the booking deposit will result. Both parties agree that in the event of a cancellation the ‘Agent’ must be informed immediately.

Where the ‘Client’ has cancelled the booking previously confirmed either verbally, electronically or in writing, (non-return or non-completion of the ‘Booking Contract’ does not terminate the agreement), the ‘Agent’ agrees to inform the ‘Artist’ without delay. If the ‘Client’ has cancelled for reasons other than those outlined in Clause 12: ‘Force Majeure’, cancellation fees shall apply and are based on the following:

Where cancellation is made within 48 hours of confirmation, no cancellation fee is due unless the event date is within the following 10 working days, in which case the full booking fee will be due.

Where cancellation is made after 48 hours of confirmation the following shall apply:

Cancellation occurs up to 90 days before the event date - 50% of the fee will be due.
Cancellation occurs between 61-89 days of the event date - 75% of the fee will be due.
Cancellation occurs between 0-60 days of the event date - 100% of the fee will be due.

For cancellations that occur more than 90 days from the event date, no additional fees will be due to as this is deemed a suitable amount of time for the ‘Artist’ to find an alternate booking.

All ‘Client’ cancellation fees must be paid to the ‘Agent’ within 30 days of the cancellation notice. Once received, any outstanding payment due to the ‘Artist’ (minus agency commission) will be distributed within 7 days.

Any outstanding payment owed to the ‘Agent’ may be referred to a recovery company and will be subject to a 15% surcharge to cover any collection costs incurred. This surcharge together with all other charges and legal fees will be the responsibility of the defaulting party and will be legally enforceable.

Where the ‘Artist’ has cancelled the booking, previously confirmed either verbally, electronically or in writing, (non-return or non-completion of the ‘Booking Contract’ does not terminate the agreement), the ‘Agent’ will inform the ‘Client’ without delay and begin the process of sourcing a suitable alternative. This work is undertaken at no additional cost to the ‘Client’. Where time allows and the ‘Client’ has agreed on a replacement act, the ‘Booking Contract’ shall be re-issued to reflect this. Whilst rare, on occasion an alternate act may not be available. In this instance the ‘Agent’ will refund all payments made by the ‘client’.

If the ‘artist’ has cancelled for reasons not encompassed in Clause 12: ‘Force Majeure’, the ‘Artist’ must pay the ‘Agent’ the equivalent of the ‘Clients’ booking deposit within 7 days unless the ‘Client’ has agreed to a replacement act of a similar value. Any
outstanding payment owed to the ‘Agent’ from the ‘Artist’ may be referred to a recovery company and will be subject to a 15% surcharge to cover any collection costs incurred. This surcharge together with all other charges and legal fees will be the responsibility of the defaulting party and will be legally enforceable.

5: Late Payments

The following definitions refer to the ‘Booking Contract’ and these ‘Terms and Conditions’. Any outstanding payment owed to the ‘Agent’ from the ‘Artist’ or the ‘Client’ will be referred to a recovery company and will be subject to a 15% surcharge to cover any collection costs incurred. This surcharge together with all other charges and legal fees will be the responsibility of the defaulting party and will be legally enforceable.

Failure by the ‘Client’ to pay the ‘Artist’ within the terms specified may result in interest being charged on the balance due. The ‘Artist’ reserves the right to claim interest on late payments at 3% above the Bank of England base rate from time to time.

6: Client Responsibilities

Provisions outlined in this section are negotiable between the ‘Client’ and ‘Artist’ via the ‘Agent’, but any modifications should be written into the ‘Booking Contract’ specifically.

It is the ‘Client's’ responsibility to ensure their performance venue at the Event Address can accommodate the ‘Artist’. Non-performance of this ‘Contract’ by the ‘Artist’ due to venue restrictions shall result in the ‘Client’ being liable to pay the Total Costs.

The ‘Client’ must ensure that the performance venue is able to provide a safe source of power (a minimum of 2 x 13 amp sockets for all acts inclusive of acoustic acts), a safe performance area, and that it can accommodate the performance of the ‘Artist’ by possessing the appropriate licenses. If a noise limiter is present at the venue, it must not be inhibiting to the performance.

The ‘Client’ should ensure these requirements are investigated prior to the confirmation of any booking and any relevant information should be disclosed to the ‘Agent’.

Furthermore, it is also the responsibility of the ‘Client’ to ensure that the ‘Artist’ is provided with sufficient loading and off loading and parking facilities in close proximity of the stage. Where parking is not available at the event location, the ‘Client’ agrees to reimburse the ‘Artist’ for any parking expenses incurred on the day in relation to the event in excess of £20.

It is also the ‘Clients’ duty to ensure that the ‘Artist’ is provided with adequate refreshments throughout their stay at the performance venue. This should include bottled water, soft drinks and a hot meal or buffet for all members of the act and their party.

Not essential, but highly appreciated. On behalf of the ‘Artist’ the ‘Client’ is requested to locate at the venue a suitable changing room where the ‘Artist’ can eat, change, store equipment and prepare for the performance. Toilets are not an appropriate substitute.

Unless given express permission, ‘Artist’ equipment and instruments are not available for use by any other person.

If an ‘Artist’ is subjected to aggressive or abusive behaviour and the ‘Client’ does not intervene or remove the perpetrator the ‘Artist’ shall be allowed to terminate their performance without penalty. The ‘Client’ will still be liable for cancellation fees as outlined in Clause 4: ‘Cancellations’ of these Terms and Conditions.

7: Artist Responsibilities

The ‘Artist’ will perform for the ‘Client’ on a ‘as know’ basis, to their highest standard and in the manner in which they have represented themselves to the ‘Agent’ via promotional material.

Unless specifically outlined in the ‘Booking Contract’, the ‘Artist’ should provide the relevant equipment in order to carry out the performance. The ‘Artist’ is responsible for the good working order and safety of their own equipment. This should be reflected by acts utilizing electrical equipment ensuring that they undertake P.A.T. testing annually. In addition to this, the ‘Artist’ should undertake Public Liability Insurance (to a minimum of £1,000,000 cover). The ‘Artist’ is fully responsible for these matters.

The fee outlined in the ‘Booking Contract’ and provided by the ‘Agent’ to the ‘Artist’ is fully inclusive and not subject to change. In addition, the ‘Artist’ is not employed by the ‘Agent’ and is therefore responsible for their own accounting and legal contributions.

The ‘Artist’ shall not drink alcohol excessively before, during or after their performance. In addition, the ‘Artist’ will not use illegal drugs on the day of the event or at the venue itself in any capacity.

The ‘Artist’ should be aptly attired for their performance in-line with agreements made with the ‘Client’ prior to the event, and they should remain courteous to the ‘Client’, guests and employees of the venue. The ‘artist’ will not act in any manner that is deemed damaging to the reputation of themselves, the ‘Agent’, or the ‘Client’.

The ‘Artist’ must contact the ‘Client’ directly before the event in accordance with the time frame detailed in the ‘Booking Contract’. This point of contact should be used to confirm the details in the ‘Booking Contract’ and finalize any minor details (parking, arrival time, access time, refreshments etc).

It is the responsibility of the ‘Artist’ to ensure that upon signing the ‘Booking Contract’ they are under no obligation to another party in a manner that may interfere with this booking.

8: Performance Schedule Changes

Changes to the contract schedule, where it is not possible to amend the contract prior to the event, or are unavoidable on the event date, should first be discussed and agreed with the ‘Agent’.

Should this not be possible, changes are to be agreed between the ‘Client’ and the ‘Artist’ prior to the performance commencing.

If the timings of the event are overrunning due to no fault of the 'artist', the ‘artist’ is under no obligation to finish later than the time specified in the ‘Booking Contract’ and is still due full payment without penalty.

If an ‘Artist’ has been asked by the ‘Client’ and agrees to perform later or for longer than the agreed times specified in the ‘Booking Contract’ a satisfactory additional surcharge may be agreed between both parties. The additional surcharge agreed should be paid to the ‘Artist’ on the day of the event and thus falls outside the ‘Booking Contract.’ It is therefore the responsibility of the ‘Artist’ and the ‘Client’ to formalize any required accounting and legal contributions. The ‘Agent’ accepts no responsibility for monetary, performance or disputes resulting from agreements made outside the ‘Booking Contract’.

All changes will be subject to these terms and conditions.

9: Re-engagement of the Artist

The ‘Client’ agrees to negotiate all future bookings of the ‘Artist’ with the ‘Agent’ and not with the ‘Artist’ directly, for the period covering the issue date of this “Contract’ until 15 months after the event date stated. Any re-engagement made between the ‘Client’ and the ‘Artist’ within this period shall be deemed to have been negotiated through the ‘Agent’ and be subject to a like commission.

If the ‘Artist’ is approached by the ‘Client’ or a guest, or employee of the ‘Client’, the Venue or an employee of the Venue and/or agent the ‘Artist’ agrees not to receive personal or business contacts or provide business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of the ‘Agent’ to the Client, their guests, staff, venue or contractors.

10: Use of Alternative (‘Dep’) Performers

This clause covers any person or persons who stand in for one or more of the ‘Artist's’ standard group of performers should a member of the original act become unavailable.

Wherever possible the ‘Artist’ should utilize the line-up as represented to the ‘Agent’ and ‘Client’, unless the need arises to substitute a performer due to unforeseen circumstances. The ‘Artist’ will have ‘Dep’ performers ‘on-call’ to cover all eventualities and reserves the right to use one or more of these should the need arise.

The ‘Artist’ agrees that any ‘Dep’ performers utilized will have the equivalent ability of the ‘unavailable member’ and represent the ‘Artist’ to the customary manner in which the ‘Artist’ has portrayed themselves to the ‘Agent’ and ‘Client’.

If a suitable ‘Dep’ performer is available, the ‘Artist’ will utilize them rather than cancel the booking. A reduction in fee for the use of a ‘Dep’ performer is not applicable and neither does it constitute grounds for cancellation unless the ‘Artist’ being replaced is of significant celebrity.

11: Complaints

In the event of a dispute or complaint from either party, the issue must be put in writing and forwarded to the ‘Agent’ within 28 days. The ‘Agent’ will then mediate with the intention of reaching a satisfactory outcome. If the matter cannot be resolved, or an agreement reached, and the ‘Agent’ cannot settle the dispute to the mutual satisfaction of both the ‘Client’ and ‘Artist’, both parties shall be entitled to take further legal advice and pursue any other course of action. The ‘Agent’ is not responsible for the ‘Client’ or ‘Artist’ for any failures.

Any dispute between the ‘Client’ and the ‘Artist’ based on changes to the contract/performance that were agreed by both the ‘Client’ and the ‘Artist’, but not confirmed by the ‘Agent’ in writing, shall be dealt with between the ‘Client’ and the ‘Artist’ directly. The ‘Agent’ shall not mediate over these changes.

Full payment must still be made to the ‘Artist’ 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 ‘Artist’ within the terms of this ‘Contract’ will incur charges outlined in clause 5 above.

12: Force Majeure

No party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, terrorist activities, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, order of Government or Local Authority having jurisdiction in the matter or changes in law.

Any party asserting Force Majeure so as to negate liability shall have the burden of proving it and justifying that they took preventative action wherever possible to counteract the circumstance.

13: General

For a minimum period of 15 months from the date of the event the 'Client' must negotiate any additional bookings of the ‘Artist’ with the ‘Agent’.

With a view to gain additional bookings, the ‘Artist’ is prohibited from providing personal contact details to the ‘Client’ or anybody else involved in any capacity with the event named in the ‘Booking Contract’. The ‘Artist’ should instead refer any potential ‘Client’ to the ‘Agent’ using the contact details as known to the ‘Artist’ and ‘Client’.

Where this is not adhered to, and the ‘Artist’ attempts to exclude the ‘Agent’, the ‘Agent reserves the right to remove the ‘Artist’ from the ‘Agents’ roster and the ‘Artist’ will remain liable for commission against any successful future bookings.