The following definitions refer to the ‘Contract’ with attached Terms and Conditions, to be taken as a whole.
PunkTech Ltd, Company No. 13060814, trading as The Wedding Band Agency is the ‘Agent’, ‘We’, Us’.
The deposit is the fee charged by the Agent for communicating with the Client and Supplier and organising/securing a Contract between the Client and the Supplier.
The person who books a supplier is the ‘Client’.
The ‘Supplier’ is the person, persons or business providing services to the client, including but no limited to entertainment acts and artists or any other event supplier.
When a ‘Client’ wants to book a ‘Supplier’ the ‘Agent’ will issue both parties with a ‘Contract’. This is a simple booking form with attached Terms and Conditions that outlines what a supplier will provide to a client and how much a client will pay and when for the services. For the avoidance of doubt, any contract and associated terms and conditions are agreed between the supplier and the client. The agent is not a party to the contract, and therefore shall not be held responsible for a breach of this contract however caused.
Separately, the agent will also outline’s one-off deposit to be paid to the agent for organising and securing the contract between the client and supplier. This is payable in full in advance before any contract can be finally confirmed and agreed.
By agreeing to a contract, the client agrees that the obligations of the agent have been entirely fulfilled and the agent has provided its’ agreed services.
1 | Introduction
1.1 | This contract is negotiated by the agent and is made between the client and the supplier. The agent is not a party to this contract and therefore shall not be held responsible for a breach of this contract however caused.
2 | Bookings
2.1 | All bookings are confirmed immediately upon signing of this contract by both the client and the supplier and the receipt of the deposit from the client to the agent. Without a signed contract, or without a fully paid deposit, the contract is void and no parties hold any obligations to fulfil the agreement.
2.2 | A contract will be issued to both the client and supplier to be signed, and is due to be returned within 3 working days. Each party should keep a copy of the contract.
2.3 | If a client or supplier wishes to modifier change a contract they need to inform the agent. The contract may be modified/changed upon agreement from both the client and supplier, in advance of the event date. All
changes must be notified to the agent in writing who, if necessary, will re-issue the contract. In this circumstance the new contract will void the previous.
2.4 | The agreed total contract cost and deposit owed may change, with any alterations agreed by both the client and supplier.
2.5 | The agent will act as negotiator until the date of the event and completion of the contract. The agent will not be responsible for any contract changes or amendments agreed between the client and supplier.
3 | Fees
3.1 | Deposits are paid in advance to secure the contract and are due within 5 working days of issuing the contract. Deposits are paid to the agent via Credit Card, Debit Card or via BACs transfer. The client understands, appreciates and agrees deposits are non-refundable as the agent has completed their role by presenting a contract for the client and supplier to sign. In the unfortunate circumstances that the event has to be cancelled or postponed due to matters outside of your control, the agent will do all it can to help you. We will help you liaise with the supplier to move a booking to an alternative date or if the supplier is not available we will do all we can to find an alternative supplier for you and will move the deposit to this new booking.
3.2 | Fees paid to the supplier (‘The Supplier Fees’): The supplier fees are detailed in the contract. Payment of these fees is to be made via bank transfer (BACS), and must be received as cleared funds at least 7 days prior to the date of the event outlined in the contract (‘The Event Date’). The supplier retains the sole discretion to set and enforce the payment terms, including any alternative payment methods if deemed necessary. These terms are to be communicated to the client at least 4 weeks prior to the event date. The suppliers bank account details, along with any designated alternative payment arrangements, will be confirmed directly with the client at least 4 weeks prior to the event date, or immediately if the booking is confirmed less than 4 weeks prior to the event date.
3.3 | The supplier fees must be paid to the supplier. The agent is not able to accept payments on behalf of the supplier.
4 | Late Payment Or Failure To Pay The Deposit
4.1 | If the deposit is not paid within the 5 working days specified the agent reserves the right to terminate the
contract, unless the agent has otherwise agreed in writing.
5 | Late Payment Or Failure To Pay The Supplier Fees
5.1 | The Client must pay the supplier fees no less than 7 days before the event date. If the client fails to do so, the supplier has the right to terminate the contract without penalty. In such an event, the client will still be subject to the cancellation fees specified in clause 7.1 of these terms and conditions.
5.2 | The supplier has the right to claim interest of 5% on top of the balance of any late payments.
5.2.1 | Late payments will incur a £50 administration fee, payable by the client to the supplier before the
performance can commence.
5.2.2 | If full payment of the supplier fees is not made to the supplier within 14 days of the due date, the debt may be passed to a debt recovery firm by the supplier, which will result in additional costs. The agent is not responsible for the collection of the balance due to the supplier.
6 | Cancellation
6.1 Any contract cancellation by either party does not affect the deposit which is non-refundable.
6.2 Termination of the contract is permitted if both parties mutually agree in writing to cancel the booking. Written evidence will be required from both the client and supplier.
7 | Client Cancellation
7.1 | If the client terminates the contract for any reason the following cancellation fees will apply:
More than 365 days before the event: No supplier fee.
More than 180 days before the event: 25% of the full supplier fee.
Less than 48 hours after confirmation (unless booking made within 7 days of the event): No supplier fee.
More than 90 days before the event: 40% of full supplier fee.
More than 30 days before the event: 80% of full supplier fee.
30 days or less before the event: Full supplier fee.
7.2 | Deferred payment of cancellation fee and waiver conditions:
a) Deferred Payment: In the event of contract termination by the client, any applicable cancellation fee, as outlined in clause 7.1, will not be payable until the scheduled date of the event has passed. Tis deferment allows for potential rebooking opportunities for the supplier.
b) Waiver of Cancellation Fee: Should the agent successfully secure a new booking for the supplier for the original event date, the client will be exempt from paying the cancellation fee. It is the responsibility of the agent to notify the client of such a rebooking in a timely manner.
c) Confirmation of Waiver: Upon successful rebooking, the agent will provide written confirmation to the client, stating that the cancellation fee has been waived due to the fulfilment of the rebooking condition.
8 | Supplier Cancellation
8.1 | The supplier is not permitted to cancel the booking for any reason.
8.2 | If the supplier does cancel for any reason, the client may pursue legal action against the supplier.
8.2.1 | If the supplier cancels for any reason they will pay the agent a penalty fee equal to any deposit received by the agent.
8.3 | In the event of the supplier cancelling, the agent will attempt to find the client a suitable replacement supplier at a similar supplier fee. If this is successful and the client agrees to the replacement supplier, the agent will transfer will transfer the deposit already paid to the new booking. If another supplier cannot be found despite the agent’s best effort, then the agent will pay the client any penalty fee it receives from the supplier.
8.4 | If payment of cancellation and penalty fees set out above are not made by the supplier within 14 days of the cancellation, the debt may be passed to a debt recovery firm which may incur additional costs for the supplier.
9 | Complaints
9.1 | In the circumstance of either party wishing to make a complaint, it should be made in writing, via the agent, within 30 days. The agent will liaise with both parties with the intention of reaching a resolution.
Should this be unsuccessful or the matter cannot be resolved, both parties should each seek their own legal advice.
9.2 | Full payment must still be made to the supplier even where a complaint has been made. Failure to do so will incur the charges outlined above in these terms.
9.3 | Any dispute made regarding a change to the contract or performance that has been agreed by both the client and supplier should be dealt with directly between the client and supplier.
9.4 | The agent is not responsible for any failure of the client or the supplier 10 | Responsibilities Of The Client
The client must ensure the following clauses are investigated and confirmed with any relevant information passed to the agent, prior to confirming the booking. Any costs incurred are to be paid by the client. Any alterations to these responsibilities are to be agreed in advance in writing and altered in the ‘Additional Information’ section of these terms.
10.1 | The venue can and will supply a safe power supply
10.2 | The venue can and will provide a safe, dry and level performance area for suppliers who are
performing.
10.3 | The venue holds any relevant licences required for the supplier to provide their services.
10.4 | The venue complies with all relevant Health and Safety guidance and legislation and does not put the supplier, their set or equipment at any risk of harm.
10.5 | For entertainment artists, the venue does not have any inhibiting noise limiters. If the venue has a limiter please find out the decibel (dB) level it is set at and contact the agent for more information. The supplier cannot guarantee the quality of the performance if the sound level is quieter than an un-amplified drum kit. The supplier is not to be held responsible for non-performance where the sound limiter is set too low for live performance of their act.
10.6 | Free parking should be available to the supplier and all vehicles associated with the supplier. If no free parking is generally available, the client is liable for the costs of parking. Receipts and an invoice for such parking are to be presented to the client within 30 days of the performance, with the amount payable within a further 30 days.
10.7 | The supplier must be provided with a free, reasonable supply of mineral water and soft drinks for the duration of their time at the venue.
10.8 | The supplier must also be provided with a hot meal or buffet for any members of its staff. This is negotiable when the supplier is onsite for less than 3 hours.
10.9 | The supplier requires an adequate and secure area to change in if required. This space should be secure, contain the correct number of chairs and a safe source of power. This clause is negotiable, but the agent must be notified prior to confirming.
10.10 | The client must negotiate any further bookings of the supplier with the agent, for a period of 18 months after the event date and they are precluded from booking directly with the supplier in that period.
10.11 | The client must ensure all government guidelines are followed and adhered to for a supplier to lawfully provide its services. The supplier accepts no liability for any failure to adhere to such guidelines.
10.12 | The client must let the agent and supplier know in advance of the performance, or as soon as practicable, should they, or anyone in their party, not wish for any photographs or video clips of the event to be used in future promotional material for the supplier and/or the agent.
11 | Responsibilities Of The Supplier
The supplier is responsible for all clause 11 matters.
11.1 | The supplier must ensure that they are under no obligation to another performance or booking that may hinder or interfere with this booking prior to signing this contract, nor take on any such booking or performance subsequent to signing this contract.
11.2 | The supplier will endeavour to perform to their highest quality and best ability, in the same manner as is represented by the agent in the supplier’s promotional material.
11.3 | The supplier must provide all relevant equipment required to perform their act to the highest standard. This equipment must all be annually PAT tested, with certificates available for inspection upon every booking.
11.4 | The supplier must hold Public Liability Insurance of minimum £1,000,000 cover, with certificates available for inspection upon every booking.
11.5 | The supplier shall not drink alcohol excessively (prior, during or post performance).
11.6 | The supplier shall not use illegal drugs at the event venue, or at all on the day of the event.
11.7 | The supplier shall dress suitably for the occasion, in agreement with the client’s requests.
11.8 | The supplier will always remain courteous and polite to the client, the venue and the agent throughout the entire booking process, not harming or damaging any reputation between the parties.
11.9 | The fully-inclusive fee agreed by the supplier, that is specified in the contract for the performance, is not subject to change.
11.10 | The supplier is not employed by the agent and is therefore fully responsible for their own accounting and legal contributions.
11.11 | The supplier must contact the client 4 weeks in advance of the event, unless the booking is made less than 4 weeks before the date of the performance – in which case the supplier must contact the client as soon as possible after the booking is made. This will be to ensure all contracted details are correct and to finalise finer details such as dress code, refreshments, payment, invoices, parking, and client requests.
11.12 | The client reserves the right to cancel the suppliers booking at any time if the supplier breaches any term of this contract. The agent will use best endeavours to arrange for an alternative supplier for the booking in such circumstances.
12 | Expenses
12.1 | The client is not responsible for any other supplier expenses (including but not limited to accommodation, travel, rehearsal time or song download) unless otherwise discussed and stated in the ‘Additional Contract Notes’ section of the booking form and contract. If any expenses are agreed the supplier must supply the client with an invoice within 7 days of the event, with payment due 7 days after that.
13 | Supplier Equipment
13.1 | Unless given written permission the equipment by the supplier is not available for use by
any other person, guest or performer under any circumstance.
13.2 | The client must respect that the equipment supplied by the supplier is expensive, fragile and necessary for their livelihood. The client is responsible for any damage of equipment caused by any member of their party, and is liable in such cases for the cost of repair in full or for an equal replacement should repair not be possible or where the cost of repair would be more expensive than replacing the damaged equipment.
14 | Changes To The Agreed Performance Schedule For Suppliers
14.1 | When possible any changes to the performance schedule should be discussed with the agent and should be agreed between the client and supplier prior to the performance.
14.2 | If agreed changes incur a later finish time an adequate fee should be agreed between the client and supplier and should be paid direct to the supplier. Any changes are still subject to these terms and conditions.
14.3 | If the event schedule over-runs due to no fault of the supplier, the supplier holds the right to finish at the agreed set finishing time and will still be paid the full payment.
14.4 | If the client makes a request on the event day for the supplier to perform longer than specified in the schedule, the supplier has the right to agree a further fee to do so, payable on the day of the event. They also hold the right to refuse this request, without penalty.
15 | The Use Of Dep, Deputy Or Alternative Performers For Entertainment Suppliers
15.1 | The supplier should make use of their standard line-up as represented in all promotional material, unless the need arises to use an alternative performer due to unforeseen circumstances. In this instance the supplier will have suitable dep, deputy or alternative performers available to cover all parties within the act. These performers should have equal ability and competence, and represent the supplier in the same style as displayed in all promotional material. The supplier holds the right to use one or more alternative performers without notifying the client.
15.2 | If a dep, deputy or alternative performer has been added to the line-up prior to the supplier contacting the client at 4 weeks prior to the event date, they will include this information in the contact. Though the supplier reserves the right to use a dep, deputy or alternative performer without notifying the client, if the client asks about the use of alternative performers the supplier will be open and honest about any changes to their standard line-up.
15.3 | The supplier must use an alternative performer rather than cancelling a booking. On this occasion a reduction in fee is not applicable, unless the performer being replaced is a celebrity figure.
15.4 | All supplier line-ups are subject to change without prior notice, unless the booking is of a celebrity figure.
16 | DJ Services
16.1 | “DJ services” refers to the recorded music provided by the supplier outside of their live sets. Types of DJ service include:
• Background Music: Subtle backing music, often in line with the style of the act chosen.
• Playlist DJ Service: A playlist of music played through the supplier’s equipment.
• Manned DJ Service: A playlist of music played through the supplier’s equipment, with a member of the act on hand to take song requests, providing there is a suitable internet connection available.
• Pro/Full DJ Service: A full DJ service using professional DJ equipment is provided. 17 | Force Majeure
17.1 | Force Majeure occurs where either party is unable to comply to the contractual obligations set out in these Terms and Conditions due to a reason out of their control. This could be an act of nature (earthquake, fire, flood, hurricane, storm or any other natural disaster), accident, war, terrorism, epidemic, national calamity, civil commotion, closure of borders, order of Government or Local Authority having jurisdiction in the matter, changes in law or government policy.
17.2 | In the event of Force Majeure the affected party shall have to prove it, providing evidence that they took out any possible action to prevent the circumstance from happening, should any have been possible.
17.3 | In a proven case of Force Majeure occurring for a specified period, the Supplier and Client will endeavour to reschedule where possible and the Contract may be transferred to the new scheduled date where this occurs. If a Supplier cannot reschedule, the Agent will use its best efforts to find a new Supplier for you. Any deposit paid will be transferred to the new booking.
17.4 | In any event of Force Majeure the Agent will not be liable for any losses incurred by the Client, the Supplier or any associated third parties.
19 | Breach Of Contract
19.1 | The Agent reserves the right to void any Contract between a Supplier and Client if it
discovers either party has breached any of these Terms and Conditions.
20 | Jurisdiction
20.1 | 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.
21 | Terms And Conditions
21.1 | If you do not understand any part of these Terms and Conditions, please consult the Agent, or seek legal advice. Once signed or agreed you are bound to all conditions.
