We use one set of terms for private hire bookings (usually for weddings and private events) and another set of corporate terms for bookings made by businesses (usually for corporate events, festivals and venue bookings). You will be sent the appropriate set of terms at the point at the point you wish to confirm a booking.
Private Booking Terms Corporate Booking Terms
1.1
For the purposes of this contract, Freak Music will act as an Employment Agency and our involvement in this agreement is strictly as a negotiator of terms between the Hirer and the Act. When acting as an Employment Agency, Freak Music acts as negotiator only and is not a party to the contract; for this reason, we cannot accept responsibility for non-fulfilment or breach of any such contract, but every reasonable safeguard is assured.
1.2
By respectively signing this contract, both parties formally agree to be bound by this legally binding contract and its contents. Freak Music will inform each party when both have independently agreed to these terms, from which point this agreement shall be considered a legally binding contract.
1.3
Any contract negotiated through this agency, where Freak Music acts as an Employment Agent, shall be subject to these terms unless otherwise agreed in writing between all concerned parties.
1.4
In order to avoid non-appearance or let-downs, all verbal, electronic and written communication must be confirmed by a contract agreed by all parties, with the exception of very short notice bookings or last minute changes to bookings (where there is insufficient time to practically produce a contract ahead of the event), in which case verbal, electronic and written arrangements, communicated and agreed by all parties, may stand. Under such circumstances, an updated contract may be sent after the event.
1.5
Non-agreement of a contract does not constitute cancellation and all verbal, electronic and written arrangements will remain in force.
2.1
Payment Protection
As part of our standard service, Freak Music operates a payment protection service to help protect both the Hirer and the Act. This service ensures that all funds paid to Freak Music are held safely in our client account and are not paid out to Acts until after the performance date. As part of this service, we instruct the Hirer to adhere to the payment terms set out below.
2.2
Booking Deposit
To confirm a booking, the Hirer is usually required to pay a non-refundable deposit. Unless otherwise agreed, non-refundable deposits represent 25% of the total fee, which is paid to Freak Music and placed safely in a client account.
2.3
Balance Payment
Unless otherwise agreed in writing, the balance payment on any engagement is payable to Freak Music no later than 28 days before the event is due to take place.
2.4
Unless prior agreement has been reached, failure by the Hirer to clear the full balance before the due date may be considered as cancellation by the Hirer and, as such, cancellation charges set out below may apply.
2.5
Freak Music will endeavour to contact the Hirer for confirmation of their intentions, however, any extension to the due date of a balance payment will be granted at the discretion of the Act.
3.1
Cooling-Off Period
Once the contract has been agreed by both parties, and provided there are more than eight weeks (57 days or more) to the event date, either party may cancel this contract within a cooling-off period of 7 days from the time at which both parties agreed the contract.
3.2
Force Majeure
3.2.1
Either party may cancel this contract in the case of Force Majeure by notifying Freak Music in writing as soon as they become aware of the situation. Freak Music will notify the other party as soon as possible after receiving notification.
3.2.2
Force Majeure may be invoked when an event or circumstance beyond the control of the party prevents the party from fulfilling the contract. Examples of this include (but are not limited to) order of Government or Local Authority, changes in law, war, strike, riot, fire, death, illness or other incapacity certified by a qualified medical practitioner, epidemic, accident, civil commotion, national calamity, act of God.
3.3
Cancellation by The Hirer
3.3.1
Other than clauses 3.1 and 3.2, the Hirer reserves the right to cancel this agreement at any time, however, the following charges will apply:
3.3.2
It is an integral part of this agreement that such charges are accepted by the Hirer who agrees to pay any charges due within 7 days of notifying Freak Music of the cancellation. Interest of 8% per annum above the prevailing Bank of England base rate will be accrued weekly on all overdue amounts.
3.4
Cancellation by The Act
In the event of cancellation by the Act:
3.4.1
Freak Music will make all reasonable efforts to offer the Hirer a suitable replacement act of similar size, style and cost. Should a suitable replacement not be found or the suggested replacement act not be acceptable to the Hirer, Freak Music agree to refund any payment already paid by the Hirer in relation to the booking, excluding non-recoverable expenses incurred by Freak Music.
3.4.2
The Act will cease to be eligible for any payment in association with this booking.
3.4.3
As part of Freak Music's "Act Agreement", agreed by all Acts prior to each quote submission, Acts are required to pay Freak Music a cancellation fee of £120+vat (in addition to any unrecoverable expenses or payouts already made) in respect of any Act cancellation outwith the "cooling-off period", excluding act cancellations resulting from legitimate "Force Majeure" or medically certified "illness". Please note, no-shows and other breaches of contract by the act are considered as act cancellations for the purposes of this clause.
3.5
Coronavirus Cancellations
In response to the Covid-19 Pandemic it has become necessary to append an additional set of circumstances to the cancellation terms set out above.
3.5.1
Should an event fall within a period whereby Government restrictions do not allow the booking to take place, the Hirer will be asked to seek potential alternative dates which Freak Music will endeavour to negotiate with the contracted Act.
3.5.2
New contracts will be issued where the agreement of a new date and/or venue can be reached.
3.5.3
Should an event fall outwith an official lockdown period, the Hirer may still attempt to reschedule their event, however, agreement of alternative booking details is at the sole discretion of the Act.
3.5.4
Where agreement can not be reached, existing contractual agreements will remain in place until such time as an official lockdown period does encompass the event date.
3.5.5
Please note, the standard cancellation charges noted in 3.3.1 will remain in place where the Hirer wishes to cancel a booking outwith an official lockdown period.
3.6
Coronavirus & Force Majeure Cancellation Refunds
3.6.1
Where the rescheduling of an event became necessary due to Coronavirus (3.5) or Force Majeure (3.2), but alternative arrangements could not be agreed for whatever reason, the Hirer will be offered a refund of any fees paid over and above their initial deposit fee (considered to be 25% of the total fee), excluding any non-recoverable costs incurred. In addition, the Hirer will be offered a credit, equivalent to the retained deposit fee, to put towards any future booking they make with Freak Music.
3.6.2
Should the Hirer choose not to accept this refund offer (3.6.1), the Hirer will be issued with a full-refund, excluding non-recoverable costs which include, but are not limited to, a minimum admin fee of £60+vat.
3.6.3
For the avoidance of doubt, the Act will cease to be eligible for any performance or cancellation fees where cancellation is a result of Coronavirus or Force Majeure.
3.7
Termination of contract due to harassment or damage to equipment
3.7.1
Acts deserve the right to work without fear of harassment, abuse or risk of damage to equipment. Should harassment, abuse or damage to equipment occur or an Act feels threatened in any way or that there is a risk to their equipment or person, whether through physical or verbal abuse or unruly behaviour, the Act retains the right to terminate this contract with immediate effect without penalty. Please note, this applies to the conduct of both the Hirer and their guests.
Wherever possible and reasonable to do so, the Act will endeavour to speak with the Hirer and/or the venue first to try to resolve the matter before any termination is enacted. If the Act do terminate their services, for any reason described in this clause, the full cost of the booking will remain due by the Hirer, regardless of the period of time the act performed. Moreover, the Hirer will be financially responsible for the replacement of any equipment damaged by them or their guests or other attendees at the event.
4.1
Prior to the Event Date
4.1.1
Any requests by the Hirer to change any of the details in relation to the booking (such as the venue, date or time) prior to the Event Date, must be communicated in writing to Freak Music who will negotiate the request with the Act. Freak Music will re-issue contracts and collect additional funds where necessary.
4.1.2
If the Act is unable to agree to the requested changes for whatever reason, the existing contractual agreement will remain in place. Should the Hirer wish to exit the agreement due to non-agreement of changes, the cancellation charges as set out in 3.3.1 will apply.
4.1.3
Freak Music reserve the right to levy an additional charge to the Hirer of £30 in advance of negotiating booking alterations and/or venturing into the administration associated with reissuing or revising contracts.
4.2
On the Event Date
4.2.1
Any requests by the Hirer to change the performance time or any other detail of the booking on the Event Date will be agreed at the discretion of the Act.
4.2.2
The Act agrees to:
4.2.3
If, through no fault of the Act, the timing of an event is altered or delayed and the Act is not able to perform their full performance, the Act is not obliged to play beyond the original finish time and there will be no reduction to the Total Cost of the booking.
Unless otherwise agreed, the Hirer is to provide:
Unless otherwise stated, the booking will consist of the Act's standard lineup or configuration, as described on the Act's Freak Music profile. In some cases, act lineups can be comprised from a pool of musicians and performers from which an act can supply their preferred lineup. Images, songs and videos displayed on the act’s profile are illustratively only and may not reflect the specific lineup booked or the members who will perform on the day. In the unlikely event that a member of an agreed lineup is unable to perform, the Act reserves the right to replace any member with a deputy who can perform the Act’s repertoire to a high professional standard. This will not affect the total amount payable for the booking.
7.1
It is usual for most acts to arrive 60 to 90 minutes before their stated performance start time.
7.2
An additional fee may apply if an earlier setup time is required.
7.3
It is the responsibility of the Hirer to discuss and agree setup arrangements with the Act prior to the event date.
Both parties agree for their contact details to be shared with the other in order that they may liaise directly with one another prior to the event.
9.1
Should either party fail to comply with this Contract, it will be responsible for any loss or damage suffered by the other party only where failure to uphold their obligations to this contract were reasonably foreseeable, unless the perceived risks of non-compliance were discussed and accepted between parties prior to the event.
9.2
The total amount of losses that can be recovered in the event of non-compliance, subject to 9.1, will not exceed the total price of the Contract unless such losses are the result of lawful negligence of a party or are the result of a deliberate act taken in bad faith by a party.
9.3
Neither the Agent nor the Act will have any liability to the Hirer for any loss of profit, loss of business, business interruption, or loss of business opportunity or reputation suffered by the Hirer.
9.4
There is no limitation to the liability of any party for death or personal injury caused by lawful negligence, for fraud or fraudulent misrepresentation or for breach of statutory rights.
10.1
This agreement shall be construed in accordance with the laws of Scotland and shall be subject to the exclusive jurisdiction of the Scottish courts.
10.2
Although these terms were produced in good faith, should a court conclude part of this agreement does not comply with statutory or other legal rights, all other clauses and facets of the agreement will remain in force.
1.1
For the purposes of this contract, Freak Music will act as an Employment Business. When acting as an employment business, Freak Music is party to the contract as the ‘supplier of entertainment’.
1.2
This document constitutes a legally binding contract. By signing the contract you, the Hirer, formally agree to be bound by its contents.
1.3
Any contract negotiated through this agency, where Freak Music acts as a ‘supplier of entertainment’, shall be subject to these terms of business unless otherwise agreed in writing between all concerned parties.
1.4
In order to avoid non-appearance or let-downs, all verbal, electronic and written communication must be confirmed by contracts agreed by all parties, with the exception of very short notice bookings or last minute changes to bookings (where there is insufficient time to practically produce contracts ahead of the event), in which case verbal, electronic and written arrangements, communicated and agreed by all parties, may stand. Under such circumstances, updated contracts may be sent after the event.
1.5
Non-agreement of a contract does not constitute cancellation and all verbal, electronic and written arrangements will remain in force.
2.1
Booking Deposit
To confirm a booking, the Hirer is usually required to pay a non-refundable deposit. Unless otherwise agreed, the non-refundable deposit represents 25% of the total fee.
2.2
Balance Payment
Unless otherwise agreed in writing, the balance payment on any engagement is payable to Freak Music no later than 28 days before the event is due to take place.
2.3
Unless prior agreement has been reached, failure by the Hirer to clear the full balance before the due date may be considered as cancellation by the Hirer and, as such, cancellation charges set out below may apply.
2.4
Freak Music will endeavour to contact the Hirer for confirmation of their intentions, however, any extension to the due date of a balance payment will be granted at the discretion of Freak Music.
2.5
Tax
All fees levied by Freak Music are subject to VAT at the current rate.
2.6
Invoices will be automatically modified (and if necessary re-issued), as required by Law, to allow for any changes made by Government to taxation regulations. Any such changes are beyond our control and could, in some circumstances, alter the amount that will have to be paid, even after a contract has been negotiated and our fee agreed; for example, if the standard rate of VAT changes.
3.1
Force Majeure
3.1.1
In exceptional circumstances this contract may be cancelled in the case of Force Majeure by notifying Freak Music in writing at the earliest opportunity.
3.1.2
Force Majeure may be invoked when an event or circumstance beyond the control of the party prevents the party from fulfilling the contract. Examples of this include (but are not limited to) order of Government or Local Authority, changes in law, war, strike, riot, fire, death, illness or other incapacity certified by a qualified medical practitioner, epidemic, accident, civil commotion, national calamity, act of God.
3.2
Cancellation by The Hirer
3.2.1
Other than clause 3.1, the Hirer reserves the right to cancel this agreement at any time, however, the following charges will apply:
3.2.2
It is an integral part of this agreement that such charges are accepted by the Hirer who agrees to pay any charges due within 7 days of notifying Freak Music of the cancellation. Interest of 8% per annum above the prevailing Bank of England base rate will be accrued weekly on all overdue amounts.
3.3
Act Availability
Where the Act booked for your Event becomes unavailable, Freak Music will make all reasonable efforts to offer the Hirer a suitable replacement act of similar size, style and cost. Should a suitable replacement not be found or the suggested replacement act not be acceptable to the Hirer, Freak Music agree to refund any payment already paid by the Hirer in relation to the booking.
3.4
Coronavirus Cancellations
In response to the Covid-19 Pandemic it has become necessary to append an additional set of circumstances to the cancellation terms set out above.
3.4.1
Should an event fall within a period whereby Government restrictions do not allow the booking to take place, the Hirer will be asked to seek potential alternative dates which Freak Music will endeavour to negotiate with the contracted Act.
3.4.2
New contracts will be issued where the agreement of a new date and/or venue can be reached.
3.4.3
Where the contracted Act is not able to agree to suggested alternative dates, Freak Music will attempt to suggest a suitable alternative act.
3.4.4
Should an event fall outwith an official lockdown period, the Hirer may still attempt to reschedule their event, however, agreement of alternative booking details is at the sole discretion of Freak Music.
3.4.5
Where agreement can not be reached, existing contractual agreements will remain in place until such time as an official lockdown period does encompass the event date.
3.4.6
Please note, the standard cancellation charges noted in 3.2.1 will remain in place where the Hirer wishes to cancel a booking outwith an official lockdown period.
3.5
Coronavirus & Force Majeure Cancellation Refunds
3.5.1
Where the rescheduling of an event became necessary due to Coronavirus (3.5) or Force Majeure (3.2), but alternative arrangements could not be agreed for whatever reason, the Hirer will be offered a refund of any fees paid over and above their initial deposit fee (considered to be 25% of the total fee), excluding any non-recoverable costs incurred. In addition, the Hirer will be offered a credit, equivalent to the retained deposit fee, to put towards any future booking they make with Freak Music.
3.5.2
Should the Hirer choose not to accept this refund offer (3.6.1), the Hirer will be issued with a full-refund, excluding non-recoverable costs which include, but are not limited to, a minimum admin fee of £60+vat.
3.6
Termination of contract due to harassment or damage to equipment
3.6.1
Acts deserve the right to work without fear of harassment, abuse or risk of damage to equipment. Should harassment, abuse or damage to equipment occur or an Act feels threatened in any way or that there is a risk to their equipment or person, whether through physical or verbal abuse or unruly behaviour, the Act retains the right to terminate this contract with immediate effect without penalty. Please note, this applies to the conduct of both the Hirer and their guests.
Wherever possible and reasonable to do so, the Act will endeavour to speak with the Hirer and/or the venue first to try to resolve the matter before any termination is enacted. If the Act do terminate their services, for any reason described in this clause, the full cost of the booking will remain due by the Hirer, regardless of the period of time the act performed. Moreover, the Hirer will be financially responsible for the replacement of any equipment damaged by them or their guests or other attendees at the event.
4.1
Prior to the Event Date
4.1.1
Any requests by the Hirer to change any of the details in relation to the booking (such as the venue, date or time) prior to the Event Date, must be communicated in writing to Freak Music who will negotiate the request with the Act. Freak Music will re-issue contracts and collect additional funds where necessary.
4.1.2
If the Act is unable to agree to the requested changes for whatever reason, the existing contractual agreement will remain in place. Should the Hirer wish to exit the agreement due to non-agreement of changes, the cancellation charges as set out in 3.2.1 will apply.
4.1.3
Freak Music reserve the right to levy an additional charge to the Hirer of £30 in advance of negotiating booking alterations and/or venturing into the administration associated with reissuing or revising contracts.
4.2
On the Event Date
4.2.1
Any requests by the Hirer to change the performance time or any other detail of the booking on the Event Date will be agreed at the discretion of the Act.
4.2.2
Any additional charges will be invoiced for and will be payable within seven days of the Invoice Date.
4.2.3
If, through no fault of the Act, the timing of an event is altered or delayed and the Act is not able to perform their full performance, the Act is not obliged to play beyond the original finish time and there will be no reduction to the Total Cost of the booking.
Unless otherwise agreed, the Hirer is to provide:
Unless otherwise stated, the booking will consist of the Act's standard lineup or configuration, as described on the Act's Freak Music profile. In some cases, act lineups can be comprised from a pool of musicians and performers from which an act can supply their preferred lineup. Images, songs and videos displayed on the act’s profile are illustratively only and may not reflect the specific lineup booked or the members who will perform on the day. In the unlikely event that a member of an agreed lineup is unable to perform, the Act reserves the right to replace any member with a deputy who can perform the Act’s repertoire to a high professional standard. This will not affect the total amount payable for the booking.
7.1
It is usual for most acts to arrive 60 to 90 minutes before their stated performance start time.
7.2
An additional fee may apply if an earlier setup time is required.
7.3
It is the responsibility of the Hirer to discuss and agree setup arrangements with the Act prior to the event date.
You, the Hirer, agree that your contact details may be shared with the Act in order that they may liaise directly with you prior to the event.
9.1
Should either party fail to comply with this Contract, it will be responsible for any loss or damage suffered by the other party only where failure to uphold their obligations to this contract were reasonably foreseeable, unless the perceived risks of non-compliance were discussed and accepted between parties prior to the event.
9.2
The total amount of losses that can be recovered in the event of non-compliance, subject to 9.1, will not exceed the total price of the Contract unless such losses are the result of lawful negligence of a party or are the result of a deliberate act taken in bad faith by a party.
9.3
Neither the Agent nor the Act will have any liability to the Hirer for any loss of profit, loss of business, business interruption, or loss of business opportunity or reputation suffered by the Hirer.
9.4
There is no limitation to the liability of any party for death or personal injury caused by lawful negligence, for fraud or fraudulent misrepresentation or for breach of statutory rights.
10.1
This agreement shall be construed in accordance with the laws of Scotland and shall be subject to the exclusive jurisdiction of the Scottish courts.
10.2
Although these terms were produced in good faith, should a court conclude part of this agreement does not comply with statutory or other legal rights, all other clauses and facets of the agreement will remain in force.
You, the Hirer, agree not to approach the Act directly to engage them in further bookings, but that all future bookings are made through this office, except where future bookings are to take place in excess of 18 months from the initial event date. Should this be contravened, the Hirer agrees to pay Freak Music’s standard commission on those bookings.
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