Elite Bands Ltd Terms & Conditions
This contract is drawn up by Elite Bands Ltd (Company number SC459246) (the “Agent” or “Elite Bands”) on behalf of the Client and the Band, and confirms details of their booking, as set out above:
Please sign this contract electronically within 14 days of the Issue Date. In signing you confirm that you are the authorized signatory for the Client /Band and agree to be bound by Elite Bands Terms and Conditions (below).
You confirm that all the Booking Details specified above are correct, and that any changes to these details once the contract has been signed must be agreed in writing by the Agent, the Client and the Band, and may result in additional costs.
If the Agent has not received a signed copy of this contract from you, together with the non refundable Booking Fee payment, within 14 days of the Issue Date, it shall be assumed that you have accepted the Terms and Conditions (as below) and that the booking, as specified above in the Booking Details, is confirmed.
If you do not wish to proceed with the contract you must advise us in writing within those 14 days.
If you have any queries about the booking or wish to make any changes, please enquire with Elite Bands within those 14 days.
The non-refundable Booking Fee is paid by the Client to the Agent as set out below.
The Balance Remaining Fee must be made in cash and be given to the Band at the start of the night of the Event date.
T&C’s Event – Weddings, Anniversary & Parties.
Band Rider – If daytime sets are also booked then we request a meal to be provided for all Band members and crew. Food needs to be provided during their break in the evening as well, if there is no buffet to join in then please make alternative arrangements. This is negotiable if discussed with elite Bands prior to signing contract.
1) The Band will provide a full PA system and the musical equipment required. Stage Lighting will also be provided. Please note that the lighting is for the stage and dance floor area and not for the full venue. The Bands equipment is not for use by guests unless previously agreed, and this is only at the Band’s discretion.
2) 2 a) A non-refundable Booking Fee will be required to book the Band. We request this on the booking date, however, if this has not been received within 7 days, this will result in the date being made available to other Clients. Please make cheques payable to Elite Bands Ltd. and return to the address at the footer of this contract, alternatively you can pay online at www.eliteBands.co.uk
2 b) The Booking Fee is to secure the requested Band for a specific date and venue, any changes including moving (date or venue) postponing, or rescheduling a booking would be classed as a cancelation and fall under the cancellation terms in part 6. On occasion at the discretion of elite Bands ltd, we are able to change some details and an admin fee of £30 would be applied and a new booking contract sent out.
2 c) The Booking Fee is non-transferable between Bands, if you wish to make a change
Elite Bands Ltd (Company Number SC459246) Unit 2, Block 6, Third Road, Blantyre Industrial Estate, Glasgow G72 0XA
to another Band then this would be classed as a cancelation and fall under the cancellation terms in part 6. A new Booking Fee would be due to secure another Band.
3) The Remaining Fee balance is due in cash on the day/night of the performance, however, alternative payment can be arranged before the performance date. Cheques, bank transfers and other payments must be paid and cleared 30 days prior to the performance. A cheque on the night of the performance is not accepted.
4) The ‘Total Fee’ refers to the cost to you (the Client) inclusive of the Band’s fee and all travel expenses which include, but are not limited to transport, fuel and accommodation costs for the Band to travel to and from the venue. elite Bands ltd do not have any additional hidden charges and the figure stated above is the complete fee and is an all inclusive price.
5) In the event of a cancellation by the Client, the following cancellation fee will be charged:
91+ days before the engagement date 0% of the Remaining Fee.
61 to 90 days before the engagement date 50% of the Remaining Fee. 31 to 60 days before the engagement date 75% of the Remaining Fee. Within 30 days of the engagement date 100% of the Remaining Fee.
6) A change of date of the Event will constitute a cancellation and clause 5 will apply, unless we agree otherwise in writing.
7) All verbal agreements are confirmed by the electronic signing of a written contract. Failure to sign contracts does not constitute cancellation and all verbal agreements will remain in force.
8) The Client is to provide a suitable performing area. Unless otherwise agreed, the hirer must provide an electrical supply meeting, or exceeding British standards. For any outdoor events suitable dry cover must be provided. If in the event the staging area is waterlogged or in any way unsafe to perform, the Band will not be held accountable and will not set up or perform. The full fee will still be due.
9) The Bands PLI (public liability insurance) has a limit of £10,000,000. A copy of the PLI certificate can be provided to any venue that requires it.
10) On occasion it may be necessary to use alternative musicians (dep’s) This is a back up if any musician takes unwell, is injured, or for any other reason unable to be there. In this unlikely event we will commit to making every effort possible to supply a suitable replacement musician/Band. We have this as a security for the Client and allows us to guarantee that the Band/Agent will not pull out due to the above reasons. A dep does not constitute grounds for cancellation and there will be no reduction to the fee.
11)In the extremely unlikely event the full Band can no longer honor the booking, we will offer a like for like replacement Band. In the event we need to replace the Band within 24 hours of the performance, we may not have time to inform the Client. There will be no reduction to the fee as this is in place as an emergency safeguard and for the Clients benefit, and there shall be no other reduction in fees or compensation payable to the Client if this situation arises.
12) Any amendments to this contract must be made in writing (email or post), at least 30 days prior to the engagement date. It is the responsibility of the Client to make sure the event runs as planned and on time. Under no circumstances will the Band play beyond the agreed time. A late start does not constitute grounds for a late finish or cancellation. The Band will not be obligated to shorten their break and only at the description of the Band will times be adjusted on the day. The Agreement is strictly between the agreed hours and not based on performance/playing time.
13) The Band will learn one specific song as a first dance as long as the song is possible for the Band to learn. They will make every effort to learn the requested song to play live, however, they reserve the right to play the original track if for any reasonable reason feel they cannot play the chosen song to the highest standard. This request must be provided at the very latest 30 days before the engagement date.
14) We strongly recommend purchasing wedding/event insurance from a reputable insurer.
15) ‘Force Majeure’ On or before the date of the event, if a situation arises which renders the agreement impossible to fulfil (not attributable to any act or failure to take preventive action by the ‘entertainer’ or ‘hirer’), the ‘entertainer’ or ‘hirer’ may cancel the performance without penalty other than loss of any booking fee already paid.
T&C’s Event – Corporate or Charity Events
Band Rider – Min. of a hot two course meal to be provided for all Band members and crew. A dressing room for the duration from arrival until one hour after set ends. Bottles of water/ juice and tea and coffee should be provided in the dressing room. This is negotiable only if discussed with Elite Bands prior to signing contract.
1) The Band will provide a full PA system and the musical equipment required. Stage Lighting will also be provided. Please note that the lighting is for the stage and dance floor area and not for the full venue. The Band do not supply staging, however, Elite Bands can offer this at additional cost. If the event is for over 150 guests, we would highly recommend upgrading to a larger PA and lighting system. There is no reduction to the Bands fee if a alternative PA is provided. Elite Bands ltd can offers full production at additional costs. Bands equipment is not for use by guests unless previously agreed, and this is only at the Band’s discretion.
2) A non-refundable Booking Fee will be required no later than 7 days after the contract is issued to secure the booking, failure to comply will result in the date being made available to other Clients. Please make cheques payable to Elite Bands and return to the address at the footer of this contract, alternatively you can pay online at www.eliteBands.co.uk Elite Bands ltd is vat registered and there is vat included in the booking fee/Booking Fee. The remaining balances due to the Band are vat exempted and do not any vat added on.
3) The remaining balance is due by bank transfer no later than 7 days after the performance date. An invoice from the Band with account details will be sent 30 days before the event. There is no vat applied to the remaining balance. If the full amount is paid to elite Bands ltd, there will be vat added to the invoice.
4) Moving, postponing, or rescheduling a performance date is classed as a cancellation, and comes under cancellation terms as noted below. Rebooking the Band would be treated as a new booking. The Balance Remaining Fees payment must be made within 14 days of the performance date.
5) The Booking Fee is non-transferable, if you wish to change to one of the other elite Bands, then contact us and we will cancel your original booking. A new Booking Fee must then be paid before you can book an alternative Band and we will forward your new contract to you.
6) The ‘Total Fee’ refers to the cost to you (the Client) inclusive of the Band’s fee and all travel expenses which include, but are not limited to transport, fuel and accommodation costs for the Band to travel to and from your venue. Elite Bands do not have any additional hidden charges and the figure stated above is the complete fee and is an all inclusive price.
7) In the event of a cancellation by the Client, the following cancellation fee will be charged:
91 + days before the engagement date – 0% of the Remaining Fee.
61 to 90 days before the engagement date – 50% of the Remaining Fee.
31 to 60 days before the engagement date – 75% of the Remaining Fee.
Within 30 days of the engagement date – 100% of the Remaining Fee.
8) All verbal agreements are confirmed by the electronic signing of a written contract. Failure to sign contracts does not constitute cancellation and all verbal agreements will remain in force.
9) The Client is to provide a suitable performing area. Unless otherwise agreed, the hirer must provide an electrical supply meeting, or exceeding British standards. For any outdoor events suitable dry cover must be provided. If in the event the staging area is waterlogged or in any way unsafe to perform, the Band will not be held accountable and not be made to set up and perform. The full fee will still be due.
10) The Band’s PLI (public liability insurance) has a limit of £10,000,000. A copy of the PLI certificate can be provided to any venue that requires it.
11) On occasion it may be necessary to use alternative musicians (dep’s) This is a back up if any musician takes unwell, is injured, or for any other reason unable to be there. In this unlikely event we will commit to making every effort possible to supply a suitable replacement musician/Band. We have this as a security for the Client and allows us to guarantee that the Band/Agent will not pull out due to the above reasons. A dep does not constitute grounds for cancellation and there will be no reduction to the fee.
12) In the extremely unlikely event the full Band can no longer honor the booking, we will offer a like for like replacement Band. In the event we need to replace the Band within 24 hours of the performance, we may not have time to inform the Client. There will be no reduction to the fee as this is in place as an emergency safeguard and for the Clients benefit, and there shall be no other reduction in fees or compensation payable to the Client if this situation arises.
13) Any amendments to this contract must be made in writing, at least 30 days prior to the engagement date. It is the responsibility of the Client to make sure the event runs as planned and on time, under no circumstances will the Band play beyond the agreed time. A late start does not constitute grounds for a late finish or cancellation. The Agreement is strictly between the agreed hours.
14) ‘Force Majeure’ On or before the date of the event, if a situation arises which renders the agreement impossible to fulfil (not attributable to any act or failure to take preventive action by the ‘entertainer’ or ‘hirer’), the ‘entertainer’ or ‘hirer’ may cancel the performance without penalty other than loss of any booking fee already paid.
15)We strongly recommend purchasing event insurance from a reputable insurer.
General Terms applicable to all contracts for services:
1. Re-engagement of the Band
1.1.The Client, whether themselves or by any other person, agrees not solicit the services of the Band for himself or any other party, nor to re-engage the Band without the involvement of the Agent for the period between the contract Issue Date and 18 months after the event date.
1.2.The Band agrees not to promote themselves for weddings and functions to the Client, their guests, staff, venue or contractors without the involvement of the Agent. If the Band is offered any further engagement by either the Client, their guests, staff, venue or contractors they agree to refer that person to the Agent.
2 Liabilities
2.1 The Agent:
The Agent will use reasonable care and skill in performing the services. Where any valid claim in respect of the services is made the Client may be entitled ONLY to a refund of the Booking Fee or part of the Booking Fee. In respect of any other direct losses (in Contract or Tort) the total liability of the Agent will not exceed the price paid for the services.
The Agent shall accept no liability whatsoever for any negligence, or breach of con- tract or any other obligation or right, or any failure to comply by the Band.
The Agent’s liability in respect of any loss of good will, loss of business, loss of prof- its, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL.
Nothing in these Terms will exclude or limit liability for death or serious injury caused by the Agent’s negligence.
In the event that circumstances beyond our reasonable control prevent the delivery of the contracted services, the Agent shall not be liable for any additional losses suffered whatsoever, and any fees paid shall be non-refundable.
2.2 The Band
The Band will use reasonable care and skill in performing the services. Where any valid claim in respect of the services is made the Client may be entitled ONLY to a refund of the Remaining Fee Balance or part of the Remaining Fee Balance.
The Band’s liability in respect of any loss of good will, loss of business, loss of prof- its, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL.
The Band shall hold appropriate Public Liability insurance cover. Nothing in these Terms will exclude or limit liability for death or serious injury caused by the Band’s negligence.
In the event that circumstances beyond our reasonable control prevent the delivery of the contracted services, the Band shall not be liable for any additional losses suffered whatsoever, and any fees paid shall be non-refundable.
3. Data Protection and GDPR
Each party will keep the confidential information of the other party and any third par- ty confidential and secret, and only use it for the purposes of supplying the services or making proper use of the services. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the cur- rent data protection legislation and regulations. For more information on this, please see our Privacy Notice on our website at https://staging.elitebands.co.uk/information/
Nothing in these terms are intended to create a partnership or joint venture between the Agency, the Band and/or the Client.
The terms of this Contract may be enforced by the Agent, in addition to the Client and the Band, in accordance with the Contracts (Rights of Third Parties Scotland) Act. No other person who is not party to this Contract may enforce its terms by virtue of that Act
This contract shall be governed by Scots law under the jurisdiction of the courts of Scotland
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