BOOKING TERMS,CONDITIONS & PROCEDURES
Unfortunately, we now come to the very boring and long-winded, but necessary, section – Our agency’s Terms,Conditions and Procedures.
As a responsible agency,and as bound by law and DTI regulations,we feel that these should all be clearly stated – even if they make extremely dull reading !
THE FIRST STEP
Once you have verbally agreed to go ahead with booking a Ceilidh or Barn Dance band,we will forward our Confirmation of Quotation to you,briefly confirming the main details and outlining what deposit will be required,cancellation terms and the like,with our main Terms & Conditions (see further down this page) printed on the reverse of the Confirmation of Quotation.The band will be made aware of this development and hold the date open on a provisional basis,pending our receipt of your deposit.
THE SECOND STEP
To proceed with the booking,you will need to forward your deposit to us.When we receive your deposit,the band will be advised of this development.We will raise a Receipt of Deposit and forward this to you,together with four copies of the proposed Contract Agreement,which will contain full contact details of the band.You will be asked to check the Contract Agreement and return three copies to us,duly signed and dated where indicated WITHIN SEVEN DAYS (keeping another copy for your records).
THE THIRD & FINAL STEP
When we receive the signed copies of the Contract Agreement,we will forward a copy to the band leader who will be asked to sign and return the band’s copy WITHIN A FURTHER SEVEN DAYS.When we have received the same Contract Agreement duly signed by the band leader,we will forward a copy of this completed Contract Agreement to you,with the original being kept in our safe-keeping.The completed Contract Agreement between yourself and the band will be,then,complete.
THAT’S HOW IT WORKS !
What follows below are the General Terms & Conditions which will be printed on the reverse of all paperwork at every stage for reference at any given time – CONTRACT AGREEMENT TERMS,CONDITIONS & PROCEDURES (As issued with Confirmation of Quotation & Receipt of Deposit & Contract Agreement)
1 In this Contract Agreement drawn up by Jigs ‘N’ Reels agency,the following definitions will apply
- the agent is Mr Chris Mulvey (C.J.Mulvey) of ‘Homeleigh’,Claphill Lane,Rushwick,Worcs WR2 5TP trading as ‘Jigs ‘N’ Reels’,an agent acting on behalf of the hirer/s and the artist/s named in the Contract Agreement and whose responsibilities are as defined in the Contract Agreement Clause 3 below
- the artist/s is that band and/or caller,represented by the named band leader, who undertake/s to arrange the specified performance
- the hirer/s is/are the person/s who undertake/s to pay the agreed specified remuneration to the artist/s
- the performance is the style/composition of artist/s playing at the named venue at times and on date indicated for a remuneration to be paid by hirer/s
- the remuneration is the full fee payable by the hirer/s for the agreed performance including any initial deposit sum (payable to the agent) and a later balance payable in full directly to the artist/s,as indicated in the Contract Agreement between the hirer/s and the artist/s (unless otherwise agreed in writing)
- the Confirmation of Quotation is an offer only,raised by the agent (on behalf of the artist/s to the hirer/s),outlining the offer of performance by the artist/s and the remuneration due to the artist/s from the hirers/s and is not binding on any parties (unless otherwise agreed in writing).
- the Deposit is the initial sum of money paid by the hirer/s to the agent,who accepts this sum on behalf of the artist/s as part payment towards the full booking fee for the contract of services offered by the artist/s and may include in part or full the administration fee payable to the agent for arranging the contract for services between the client/s and the artist/s
- the Receipt of Deposit is a document raised by the agent to the hirer/s indicating that a Deposit sum has been received by the agent from the hirer/s as part payment towards the total fee payable by the hirer/s and indicating the hirer/s willingness to enter into a Contract Agreement with the artist/s for a performance and remuneration within the terms outlined in the Confirmation of Quotation. The Receipt of Deposit supercedes the Confirmation of Quotation (unless otherwise agreed in writing)
- the Contract Agreement is the document (drawn up by the agent) signed and accepted by the hirer/s and the artist/s as the agreed terms under which the performance by the artist/s and the remuneration by the hirer/s will be regulated,including all relevant supplementary clauses indicating responsibilities of both parties and that of the agent in the event of cancellation,non-performance or the like.
2 Booking procedure
- the agent,having already discussed verbally with both the hirer/s and the artist/s,raises a Confirmation of Quotation – which is an offer only as outlined in 1(e),confirming in writing what has previously been agreed verbally – and forwards the said Confirmation of Quoatation to the hirer/s.
- the hirer/s,having read and understood the Confirmation of Quotation,may wish to proceed to book the services of the artist/s as indicated by the agent in the Confirmation of Quotation and,by forwarding the requested Deposit,will be deemed to be agreeing to enter into a contract for services with the artist/s,such Deposit (payable directly to the agent) being forwarded to the agent,who will accept this Deposit on behalf of the artist/s.
- upon receipt of the Deposit,the agent will issue to the hirer/s a Receipt of Deposit and three copies of the Contract Agreement,outlining full contact details of the hirer/s and artist/s and performance and remuneration details all three of which the hirer/s must sign and return to the agent within seven days.Upon receipt of the hirer/s duly signed Contract copies,the agent will forward two such signed Contract Agreement to the artist/s for the consideration of the artist/s,inviting the artist/s to sign one Contract Agreement which the artist/s must sign and return to the agent within the next seven days in order to complete the Contract Agreement procedure. Should the artist/s refuse to duly sign and accept the terms of the Contract Agreement (for any reason),then the Contract will not be undertaken and the Deposit of the hirer/s will be returned IN FULL and no contract will exist.Upon the agent receiving the artist/s duly signed Contract Agreement,the agent undertakes to forward copies of the final signed CONTRACT AGREEMENT to both parties to the Contract,such contract being legally binding on both the hirer/s and the artist/s.THIS IS A VERY IMPORTANT STAGE OF CONTRACT AGREEMENT BY BOTH PARTIES AND MUST BE STRICTLY ADHERED TO – However,in any event,non-return of Contract Agreement by the hirer/s does not constitute a cancellation after a deposit has been lodged with the agent by the hirer/s and all previous documented agreements,verbal or otherwise,will remain in force.
- the agent,then,upon forwarding the Contract Agreement copies to the hirer/s and the artist/s,undertakes to keep the original Contract Agreement (as signed by both parties) in the agent’s safe-keeping and this Contract will form both a final confirmation of details of the event (including full contact details of the hirer/s and the artist/s) and a contract for services between the hirer/s and the artist/s will exist which will be binding on both parties
- the hirer/s and the artist/s agree/s that,upon receiving the copy of the signed Contract Agreement from the agent,the hirer/s and the artist/s will have entered into a contract for services between the hirer/s and the artist/s as outlined in the Contract Agreement and that,at such point in time,the agent will have discharged fully his duties and obligations as the agent only,in drawing up and making the arrangements for the Contract Agreement for services between the hirer/s and the artist/s
3 Agency responsibilities
The agent,in his specialist role,will make his very best endeavours to ensure that the services provided by the artist/s will be,in the opinion of the agent, suitable for the purposes of the hirer/s.The hirer/s and the artist/s will accept,however,upon issue of the copy of the Contract,that they will entering into a contract for services between the hirer/s and the artist/s and not with the agent.
Upon issue of the copy of the Contract,the onus will be on the hirer/s and the artist/s to make contact with the other contracted party/s and the agent will not be responsible for any amendments made between the hirer/s and the artist/s subsequent to the issue of the Contract documents which do not include the services of the agent,unless otherwise agreed in writing.The hirer/s accept/s that,at all times,the agent is not the employer of the artist/s.The hirer/s also accept/s that the agent accepts no liability for death,personal injury or damage to property of the hirer/s or members of the hirer/s’s party,unless caused by his own negligence as proven under UK law.
In the event of amendments by the hirer/s,after issue of the copy of the signed Contract Agreement,which involves the agent in any additional administration services,the agent reserves the right to raise any necessary administration fee,over and above the previously agreed fee,all such charges to be agreed in writing with the hirer/s.Minor amendments (e.g. start/finish times for artist/s),if practicable,may attract no additional charges for amendments.Major amendments by the hirer/s (e.g. change of dates) may well not be practical or possible.For major amendments,the agent reserves the right to raise an additional charge based on the scale of time involved in arranging such an amendment such extra charges would be agreed in writing and paid for in full by the hirer/s directly to the agent prior to the booking..Please note that no guarantee can ever be given by the agent or artist/s that amendments can be made to accommodate changes made by the hirer/s.
The agent’s details of the artist/s as advertised are meant to be as accurate and representative as possible.However,both the agent and the artist/s reserve the right to make minor changes to line-ups/personnel without reference to the hirer/s or without prejudicing the overall standards of service of the performance.Any such claims for mis-representation of a minor nature will be not considered by the agent or the artist/s.
6 Cancellations by the hirer/s
The terms regarding cancellations by the hirer/s for whatever reason will be treated in accordance with the terms outlined by the agent in the Contract and no claims by the hirer/s to the contrary will be accepted,unless otherwise agreed in writing. The agent has outlined such cancellation terms clearly in the main Contract and no claim by the client for lack of knowledge of these terms will be entertained by either the agent or the artist/s
7 Cancellations or non-performance by the artist/s
In such an event,the agent cannot accept any responsibility,having acted only as the agent in arranging the services for contract between the hirer/s and the artist/s and having established a direct contractual relationship between the hirer/s and the artist/s,all as above.As a responsible agent,Jigs ‘N’ Reels would establish the reasons for any such cancellation/non-performance,act as reasonably as possible to avert such an occasion (given sufficient warning by the artist/s originally contracted) by making all necessary best endeavours to substitute the originally contacted artist/s and,as a gesture of good faith,would reimburse any Deposit fee previously paid by the hirer/s without question.However,notwithstanding the hirer/s redress under UK laws,the agent cannot accept any responsibility or claims for expenses for the cancellation or non-performance by the artist/s for reasonable,justifiable preventions of performance such as recorded, proven,serious accident/illness on the way to engagement or proven,serious delay en route through no fault of the artist/s or the like or ‘acts majeure’,and it is deemed that the hirer/s accepts this clause as a term of the booking and as forming part of the Contract referred to above and overleaf.