Act Booking Terms

This document sets out the Freak Music artist & act agreement followed by two variations of terms relating to individual bookings.

We use one set of terms for bookings made by private hirers (usually for weddings and private events) and another set for bookings made by known businesses (usually for corporate events, festivals and venue bookings). You will be sent and asked to sign the appropriate set of terms at the point a booking is made by a client.



1. Freak Music Artist & Act Agreement


We, Freak Music, are Members of the Agents' Association (Great Britain).

Please find our terms of business below in respect of the Artiste/band/act known as 'Entertainment' (you) in relation to contractual arrangements and engagements for your services within the entertainment industry (Engagements). You will supply your services to us and we will supply your services to third party hirers.

1.1

You have made yourself known to us as the 'entertainment' and have provided/undertake to provide the personal details and proof of identity requested by us to enable us, with your agreement, to introduce, negotiate and secure Engagements on your behalf as appropriate to your talent, capabilities and qualifications. When an Engagement has been negotiated and accepted by both you and the Hirer, a contract, whether verbal or written, then exists. We will issue or arrange the issue of appropriate documentation confirming specific details for each Engagement negotiated on your behalf.

1.2

Freak Music operates a price match promise to our customers. You 
therefore agree to make sure the amount a client will pay via Freak Music is no greater than they might find via any other agent or by approaching you direct. Should a customer find a cheaper quote through another avenue and is able to prove it, you agree to match this quote. Please note - the cost to the client, and therefore your price-match figure, is calculated and displayed as you update your performance and travel fees within each quote you provide through our website.

1.3

You agree to honour all Freak Music quotes and save the date for 7 days. Should you receive another enquiry within the same period, you agree to offer our client first refusal on the booking. You agree to contact Freak Music when you receive an enquiry within this period and offer our client 24 hours to reach a decision upon our acknowledgement.

1.4

We will be entitled to the Commission (set out below) for introducing and/or negotiating such Engagement(s) mentioned above. Commission will be due to us on all Engagements introduced and/or negotiated by us on your
 behalf. You should note that if you do not honour any Engagement(s) already accepted by you and your failure to honour such Engagement causes losses and/or a loss of revenue to this Agency, we reserve the right to charge you up to double the below mentioned commission rate, per engagement, on any following engagement(s) you undertake through this agency so that we can recover our losses. This will apply unless a failure to perform is caused by reason of cancellation by the Hirer (where our commission will be levied only on any damages or compensation you receive), certified illness or accident affecting you or where a contract is "frustrated"; e.g. by "Force Majeure". In the case of illness, you will be expected to provide us with a
Medical Certificate within seven days of notifying your cancellation.

1.5

You should also note that if you cancel an engagement without adequate reason as detailed above, you may leave yourself open to a claim from, or action by, the Hirer for any loss or damage suffered by such Hirer as
 a consequence of your cancellation. In such cases, proven damages are not limited to the value of the contract and could be extremely onerous under certain circumstances.

1.6

We will charge you a commission of 15% plus VAT or a minimum fee of £60 plus VAT on any and all fees (including advances, deposits guarantees, repeat fees, extended engagements and overages) payable on any and all Engagements introduced, negotiated or secured by us and accepted by you. We will invoice you for all commissions and/or charges becoming due to us usually at the time of collecting the deposit and confirmation of the booking. In the case where we receive a deposit payment into our client account, you agree to grant us permission to collect our fee at the point that the booking contract is agreed by both parties.

1.7

You agree to pay the same rate of commission on any further engagements arranged directly with a hirer within twelve months of their initial engagement through Freak Music.

1.8

On all Engagements you undertake where payment of the fee is made directly to you, or to any third party on your behalf, by the hirer or the hirer's agent, Commission is payable to us on such Fee, within 30 days of such Engagement and on presentation of our invoice, whichever is the later.

1.9

If your account falls more than 30 days overdue then we will be entitled to add interest on a daily basis equivalent to an annual rate of 2.5% over Bank of England base rate.

1.10

You hereby grant us the necessary permission to collect Fees and other monies due to you including (but not limited to) expenses, royalties, repeat fees etc. on your behalf in relation to any Engagement that we have introduced to, negotiated and/or sourced for, you.

1.11

On any Engagement you undertake where payment is made to us, we agree to receive and handle the Fees and any other monies payable to you through our client account. We will pay you any Fees and other such monies received within 30 days of completing the booking performance, except that you hereby authorise us to deduct: (1) any Commission payable on the Fees in relation to that Engagement; (2) any Commission on any Fees in relation to any other Engagement(s) arranged by us for you where that Commission remains unpaid; and (3) any other monies also properly due to us including (but not limited to) part or all of any recoupable advances made, monies disbursed for you, and/or spent by us on your behalf, for your travel and/or accommodation and/or any other purposes where such expenditure is legitimately due to be met by you under the terms of the applicable contract(s).

1.12

Any payment made to you by us prior to our receipt of Fees from the Hirer for any Engagement shall be at our discretion and be deemed to be in the form of a recoupable advance on Fees repayable immediately on demand if the Fees are not forthcoming from the Hirer. You hereby give us permission to reimburse ourselves for any such recoupable advance(s) made from any Fees or other monies we collect on your behalf at any time.

1.13

We provide a payment protection service to help protect both parties and to make things easier for everyone. This service ensures that all funds are paid to Freak Music and are held safe in our client account until after the performance. As part of this service we instruct the hirer to adhere to the payment terms set out in each booking contract and endeavour to remind them when any payments are due. In the case of private booking contracts where we act as an employment agent, if the hirer does not pay the required fees before the event, we will communicate this to you whereby you can decide to cancel the booking in writing.

1.14

In the case of private booking contracts where we act as an employment agent, it is not our responsibility to recover overdue unpaid monies from any Hirer. Any costs we incur over and above the normal cost of collecting monies from a Hirer (for example because of stopped or re-presented cheques) will be chargeable to you. Any other costs (for example Solicitors fees,
 Small Claims Court charges etc.) that we reasonably incur in the collection of monies from a Hirer shall only be incurred and charged to you with
your prior agreement.

1.15

We will keep details of financial transactions made on your behalf for 6 years and details of contracts, confirmations and/or letters of agreement for work negotiated on your behalf for 1 year after the relevant Engagement. Such records may be in written or electronic form.

1.16

We will be required to provide some of the personal information that you provide to us to each potential Hirer. This may include (but is not limited to) your real name, email address, postal address and telephone number and, where applicable, qualifications. Aside from this, we will keep the personal information you provide us on file and will use it only as necessary to secure work for you. We will not otherwise divulge such information to third parties without your express consent except where we are required to make any such disclosure to your professional body or are required to make such disclosure by law. You must be aware that if we receive any information about you that indicates that you may be unsuitable for any Engagement, we are under a legal obligation to notify the Hirer as soon as we become aware of that information and/or to investigate such information. You will on request provide us with such information and documents as we may require in order to enable us to properly investigate such information.

1.17

Please note that in seeking suitable work for you, we may offer your services to other agencies and, where appropriate, will authorise such agencies to collect your Fee from Hirers and pay them via our Agency. Where we 'sub contract' our services, we will endeavour to ensure that the second agency is 'suitable' (as defined by regulations) and we may provide such second agency with such personal details as are required to secure the work in question. See the clause above.

1.18

Please note that, in seeking suitable work for you, we may wish to include your likeness and/or biographical detail in printed brochures and/or on our website and/or on other websites where we maintain a presence.
In accepting these terms of business you hereby authorise us to do so 
and further recognise and agree that, in the event that this agreement is terminated as detailed below it may not be possible for us to delete your entry on a website immediately although we will endeavour to do so at the first reasonable, commercially viable, opportunity. Under no circumstances will you be entitled to prevent us from continuing to distribute any stocks of printed matter already containing your image or detail except for any that contain only your likeness and/or detail unless it/they are in support of an engagement already accepted by you.

1.19

In the event that a private engagement negotiated and confirmed for you (under the capacity of an employment agency) is cancelled by a Hirer, you may have grounds for claiming compensation from such Hirer - subject to the legal requirements that you use your best endeavours to mitigate any potential loss. You should note that we act only as your Agents in securing Engagements for you and are not a party to the agreement for any Engagement. Therefore, in the event that you wish to take action to secure compensation, it will be up to you to proceed directly against the Hirer.

1.20

We will assist in such claim(s) as is reasonably necessary and will provide you with copies of any notes or documentation that we hold relevant to the cancelled Engagement. You should also note that Commission (as detailed in above) will be payable to us on any compensation, net of costs, that you secure in such action.

1.21

You agree that you will refrain from making any adverse, negative or derogatory comments however minor relating to any engagement negotiated by us in any form, including postings on social networking sites, prior to, during or following any engagement negotiated by us.

1.22

We will use our best endeavours to obtain, and make you aware of, any relevant information and/or issues relating to health & safety and any legal requirements you must comply with in any Engagements we negotiate for you. You, in turn, undertake to keep us fully informed of any aspects of, or changes to, your act or presentation which may have health & safety (or other risk) implications of which we should inform potential Hirers.

1.23

It is your responsibility to ensure that your equipment (where applicable) is maintained in a safe condition, particularly electrical equipment which should be PAT (Portable Appliance Testing) certified. It is also 
your responsibility to arrange and keep current the appropriate music Licence(s) if you are either playing records or are using music copied to other media for public performances.

1.24

This is a contract for services and not a contract of service (i.e. this is not an employment contract) and it is not intended to form the basis of an employer/employee relationship between you and us. Accordingly, you are not entitled to any holiday or holiday pay in relation to the provision of your services or your undertaking of any Engagement. If we are required by law or in any agreement with any union or other body to pay you holiday pay, the Fee will be deemed to include such holiday pay. You are responsible for the payment of any tax (whether PAYE or otherwise), national insurance or other payments on the Fee.

1.25

It is your responsibility to arrange, and keep current, suitable Public Liability insurance. We recommend that this cover should be in the sum of not less than £5,000,000.

1.26

Our appointment under these terms of business is non-exclusive and you will be entitled to appoint other agents on your behalf. We do not give you any guarantees as to the level of work or number of Engagements that we will introduce to you. You can terminate our appointment by giving us no 
less than 30 days notice in writing of your intention to do so. We can terminate our appointment by giving you no less than 30 days notice of our intention to stop acting for you. In the event that our appointment is terminated for whatever reason, you will still be required to pay us the Commission as set out above and you will still be required to carry out,
 and pay us Commission on, all contracts and engagements arranged by us and accepted by you during the time this agreement was current. You should note that, whilst you can terminate our right to seek or offer work to you, any such termination by you (or us) does NOT entitle you to consider any contracts already arranged by us and accepted by you up to the time of termination as being cancelled. In the event that we have between us, already in existence, and/or later agree, any sort of exclusive, and/or sole representation and/or management agreement which contains different terms of obligation and/or of notice or termination from those detailed in the preceding paragraph then
the preceding paragraph shall not and/or shall no longer apply and, specifically, the 30 day notice detailed shall not apply.

1.27

If any Engagement requires you to work with any persons under the age of 18, you will, on request, provide us with such additional information as we require to ensure that you are suitable for that position.

1.28

We are Members of the Agents' Association (Great Britain) and you hereby grant us the right to advise fellow Members of that Association (via the Council of The Agents' Association) if you fail to pay commissions properly due to us and/or fail to honour contracts arranged by us (except by reason of certified illness or accident or by reason of force majeure) whereby we suffer loss and/or loss of revenue and/or damage as a result of your non-payment or failure to honour contracts. Such disclosures, their content and the form they are in, will be at the discretion of The Agents' Association.

1.29

If any provision of this agreement should be held invalid it shall to that extent be severed and the remaining provisions shall continue to have full force and effect.

1.30

This agreement shall be construed in accordance with the laws of Scotland and shall be subject to the exclusive jurisdiction of the Scottish courts.



2. Corporate Booking Terms

These are our terms relating to bookings made by businesses:

Please read these terms and conditions carefully. These terms form part of the legally binding contract. By agreeing the contract you, the entertainer formally agrees to be bound by its contents.

In order to ensure that there are no non-appearances or let-downs, all verbal agreements are confirmed by written contract. In the event of very short notice bookings, the written contract/confirmation may be sent after the event, for record purposes.

2.1   What is Freak Music's official role as an agent?

Freak Music acts as an employment business. When acting as an employment business, Freak Music is party to the contract as the supplier of entertainment.

If there are any disputes following a booked performance, Freak Music will fairly mediate between both the hirer and the entertainer. You agree to give Freak Music permission to decide on the outcome of any dispute which could involve issuing a full or partial refund to the hirer in cases where it was decided that you were at fault. Any refund made will come directly out of your entertainment fee.

2.2   Fees & Payments

When the booking performance has been successfully carried out and provided there are no performance related disputes, payment will be issued within 30 days of receiving your invoice except that you hereby authorise us to deduct: (1) any Commission payable on the Fees in relation to that Engagement; (2) any Commission on any Fees in relation to any other Engagement(s) arranged by us for you where that Commission remains unpaid; and (3) any other monies also properly due to us including (but not limited to) part or all of any recoupable advances made, monies disbursed for you, and/or spent by us on your behalf, for your travel and/or accommodation and/or any other purposes where such expenditure is legitimately due to be met by you under the terms of the applicable contract(s).

On all Engagements you undertake where payment of the fee is made directly to you, or to any third party on your behalf, by the Hirer or the Hirer's agent, Commission is payable to us on such Fee, within 30 days of such Engagement and on presentation of our invoice, whichever is the later. If your account falls more than 30 days overdue then we will be entitled to add interest on a daily basis equivalent to an annual rate of 2.5% over Bank of England base rate.

You hereby grant us the necessary permission to collect Fees and other monies due to you including (but not limited to) expenses, royalties, repeat fees etc. on your behalf in relation to any Engagement that we have introduced to, negotiated and/or sourced for, you.

Any payment made to you by us prior to our receipt of Fees from the Hirer for any Engagement shall be at our discretion and be deemed to be in the form of a recoupable advance on Fees repayable immediately on demand if the Fees are not forthcoming from the Hirer. You hereby give us permission to reimburse
ourselves for any such recoupable advance(s) made from any Fees or other monies we collect on your behalf at any time.

2.3   Cancellations

No payment shall be paid for engagements upon which you are unable to perform for any reason beyond the Hirer's control such as National Mourning, War, Fire, Strikes or Lock-outs directly affecting the venue, or the Order of the Licensing or any Public Authority having jurisdiction.

In the event of an accident or illness preventing you from appearing, Freak Music shall be informed at the earliest possible opportunity and, if required by the Freak Music or the hirer, you must provide a medical certificate forthwith. Freak Music shall not be obliged to pay your performance fee for any performance(s) in respect of which you are unable to perform.

If you cancel due to circumstances not related to Force Majeure or proven illness, you must compensate Freak Music a fee the equivalent to the deposit paid by the hirer.

Except as otherwise agreed (or as set out in these terms of business), in the event that any Engagement is cancelled by the hirer we will use our reasonable endeavours to find an alternative Engagement for you on the night(s) of the original Engagement on similar terms to the Engagement that has been cancelled. If we find any alternative Engagement, you agree to attend that Engagement on the new Terms. In addition, you will use your reasonable endeavours to find an alternative Engagement on those nights. If neither of us are able to find any alternative/ replacement Engagement and the cancellation has taken place less than 28 days from the date the Engagement(s) were due to take place, we shall pay you as follows:

  • a. where the hirer cancels the Engagement Within 15-28 days of event date, 25% of the agreed fee; or
  • b. where the hirer cancels the Engagement Within 8-14 days of event date - 50% of the agreed fee; or
  • c. where the hirer cancels the Engagement Within 7 days of event date - 100% of the agreed fee, less any savings (including but not limited to travel costs) you have made by not attending the Engagement.

2.4   Changes to Your Lineup

Unless otherwise agreed in advance, the entertainment provided will comprise of your standard entertainer lineup as advertised to Freak Music and to the hirer. In the unlikely event that a member of the entertainment lineup is unable to perform due to illness or injury, you reserve the right to replace a member with another deputy performer who can perform the entertainment repertoire to a high professional standard.

2.5   Contact Details

You agree that your contact details be shared with the hirer in order that they can contact you directly in the run up to the event.

Any contract negotiated through this agency shall be subject to these terms of business unless otherwise agreed in writing between all concerned parties.



3   Private Hire Booking Terms

These are our terms relating to bookings made by private individuals:

Please read these terms and conditions carefully. These terms and conditions apply to both the hirer and the entertainer. These terms are part of the legally binding contract between both parties. By agreeing the contract both the hirer and the entertainer formally agree to be bound by its contents.

In order to ensure that there are no non-appearances or let downs, all verbal agreements are confirmed by written contract. In the event of very short notice bookings, the written contract may be sent after the event for your records. Failure to explicitly agree a contract does not constitute cancellation and all verbal agreements will remain in force.

3.1   What is Freak Music's official role as an agent?

For the purpose of this contract, Freak Music acts as an employment agency and our involvement in this agreement is strictly as a negotiator of terms between the Hirer and the Act/entertainer. 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-fulfillment or breach of any such contract, but every reasonable safeguard is assured.

Freak Music offers a FREE service to its hirers and makes revenue by charging an agreed commission to the entertainer for promoting their act and handling many aspects of their bookings. This commission is usually 15% plus VAT (or a minimum flat fee) and is paid to Freak Music at the time that both parties agree to the booking and the deposit fee has been paid.

We provide a payment protection service to help protect both the hirer and the entertainer. This service ensures that all funds are paid to Freak Music and are held safely in our client account until the day of the performance. As part of this service we instruct the hirer to adhere to the payment terms set out below.

3.2   Fees & Payments

Booking Deposit

To confirm a booking, the hirer is required to pay a non-refundable deposit. The deposit is usually 25% of the total fee which is paid to Freak Music and placed safely in a client account.

Balance Payment

The balance on any engagement is normally due 28 days before the event takes place unless otherwise agreed in writing. The balance is paid to Freak Music and held in a client account until the day of the performance. If the hirer fails to pay this balance payment before the performance date, the entertainer has the right to cancel this booking. The entertainer agrees to communicate this decision in writing to Freak Music and to the hirer. Should the entertainer decide to cancel the booking at this stage the full cancellation fee as set out below will also apply.

3.3   Cancellation

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 seven days from the date at which both parties agreed the contract.

Beyond the cooling off period and with the exception of the clause above relating to balance payments, the entertainer may only cancel an agreement due to illness or Force Majeure which is any reason beyond the entertainers control such as National Mourning, War, Fire, Strikes or Lock-outs directly affecting the venue, or the Order of the Licensing or any Public Authority having jurisdiction. In any such event the entertainer shall inform the hirer and Freak Music as soon as they become aware. In the case of illness, the entertainer will be asked to provide a medical certificate.

Freak Music will endeavour to offer the hirer an alternative entertainer of similar size, style and cost and will make all reasonable efforts to provide a suitable replacement act. Should a suitable replacement not be found or the suggested replacement act not be acceptable to the hirer, Freak Music agree to refund the hirer the deposit and any further fees already paid by the hirer.

If the entertainer cancels due to circumstances not related to Force Majeure or proven illness, the entertainer must compensate Freak Music a fee the equivalent to the deposit paid by the hirer.

The hirer reserves the right to cancel a contract agreement, however the following charges will apply:

  • Within 28 days of event date - 100% of the agreed fee
  • Within 29-56 days of event date - 75% of the agreed fee
  • Within 57-84 days of event date - 50% of the agreed fee
  • Over 84 days to event date - 25% of agreed fee

3.4   Alterations to the booking details

The entertainer will play during the time-slot specified on the contract. If the timing of an event is altered or delayed on the day of the event, or without prior agreement, the act is not obliged to play beyond the original finish time.

If the hirer chooses to change any of the details in relation to the booking (such as the venue, dates and times) in advance of the performance, they must communicate this in writing to Freak Music who will inform the entertainer. If the entertainer is unavailable on the new proposed date and times, or the venue is deemed unsuitable by the entertainer or Freak Music, the booking will be cancelled and the cancellation terms set out above will apply.

3.5   Performer requirements

The hirer is to provide a suitable performing area. Unless otherwise agreed the hirer must provide an electrical supply meeting, or exceeding British Standards where electrical equipment is to be used as part of a performance. Where the entertainer is expected to wear stage clothing the hirer must provide adequate dressing room facilities, toilets are unacceptable.

3.6   Performer Lineup

Unless otherwise agreed in advance, the entertainment provided will comprise of the standard entertainer lineup as advertised to Freak Music and to the hirer. In the unlikely event that a member of the entertainment lineup is unable to perform due to illness or injury, the entertainer reserves the right to replace a member with another deputy performer who can perform the entertainment repertoire to a high professional standard.

3.7   Contact Details

Both parties agree that their contact details be shared with the other in order that they can liaise directly with one another in the run up to the event.

Any contract negotiated through this agency shall be subject to these terms of business unless otherwise agreed in writing between all concerned parties.




Contact Freak Music

Please contact us if you would like to discuss any aspect to these booking terms & conditions...

0131 467 2539

Key terms

You are required to read the full booking terms, however, please pay particular attention to these key points as they must be considered on each and every quote you supply...

  • Your Price Match Promise
    You agree to reduce your performance fee to price-match any quote this client finds for you via another agent or by approaching you directly
  • Payment & Cancellations
    Please familiarise yourself with the payment & cancellation terms shown on the right
  • Honour for 7 days
    You agree to honour each quote and save the date for 7 days (or give the client first refusal if another enquiry for the same date is received within that period)

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