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.
We, Freak Music, are Members of the Agents' Association (Great Britain).
Please find our terms of business below, in respect of the Artiste/Entertainer/Band/Act known as [Act Name] (you) in relation to contractual arrangements and engagements for your services within the entertainment industry (Engagements).
You have made yourself known to us as [Act Name] 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.
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.
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.
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 may recover our losses. This will apply unless a failure to perform is caused by reason of cancellation by the Hirer, 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.
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.
We will charge you a commission of 18% 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 charge 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.
You agree to notify Freak Music 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.
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.
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 due within 30 days of completing the booking performance. In relation to said fees, 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).
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.
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.
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.
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.
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 a 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 an 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.
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.
Please note that, in seeking suitable work for you, we may wish to include your likeness and/or biographical detail in printed brochures, on our website, with promotional material including online advertisements and external 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 ircumstances 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.
In the event that a private engagement negotiated and confirmed for you (under our capacity as 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 private engagements and are not a party to such agreements. 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.
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.
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.
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 Engagement 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.
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.
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 solely responsible for the payment of appropriate tax (whether PAYE or otherwise), national insurance or other payments that may be due on the Fee in relation to your own tax circumstances.
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.
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.
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.
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.
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.
This agreement shall be construed in accordance with the laws of Scotland and shall be subject to the exclusive jurisdiction of the Scottish courts.
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 Act, 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.
1.6
If there are any disputes following a booked performance, Freak Music will fairly mediate between both the Hirer and the Act. 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 fee.
2.1
When the booked 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.
2.2
You hereby authorise us to deduct:
2.3
Where payment of fees 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, 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.
2.4
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.
2.5
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.
3.1
Force Majeure
3.1.1
In exceptional circumstances this contract may be cancelled by either party in the case of Force Majeure by notifying the other party 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.
3.1.3
Where a contract is cancelled due to Force Majeure, you will cease to be eligible for any payment in association with this booking.
3.2
Cancellation by The Act
3.2.1
In the event an accident or illness prevent you from performing at an event, Freak Music shall be informed at the earliest possible opportunity and, if required by Freak Music or the Hirer, you must provide a medical certificate forthwith. You will cease to be eligible for any payment in association with this booking.
3.2.2
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" that prevents your from fulfilling the contract. Please note, no-shows and other breaches of contract by the act are considered as act cancellations for the purposes of this clause.
3.3
Event / Engagement Cancellation by the Hirer
In the event that an Engagement is cancelled by the Hirer, for reasons outwith Force Majeure, we will use all reasonable endeavours to find an alternative engagement for you on the night(s) of the original Engagement. 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 party is able to find any alternative/ replacement engagement, and the cancellation has taken place less than 28 days from the date the Engagement(s) was due to take place, we shall pay you as follows:
For the avoidance of doubt, travel expenses and any other savings made by not attending the Engagement, will not be paid.
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. 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.
You, the Act, agree that your contact details may be shared with the Hirer in order that they may liaise directly with you prior to the event.
7.1
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.
7.2
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.
7.3
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.
7.4
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.
8.1
This agreement shall be construed in accordance with the laws of Scotland and shall be subject to the exclusive jurisdiction of the Scottish courts.
8.2
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 Act, agree not to approach the Hirer directly to engage them in further bookings, but that all future bookings are made through Freak Music, except where future bookings are to take place in excess of 18 months from the initial event date. Should this be contravened, you agree to pay Freak Music’s standard commission on those bookings.
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