J Horsey Music Tuition Terms of Service

Agreement Contract for Private Music Tuition

(Pay as you Go)


Conditions

 

The Conditions set out below will apply to this Agreement.

When this Agreement has been signed by both the Teacher and the Pupil or, if the Pupil is under 18 years of age, the Pupil’s parent or carer; it will constitute a legally binding personal contract between the signatories.


However, the Pupil (or the Pupil’s parent or carer) will have the right to cancel this Agreement within 14 days from the day after the date of this Agreement by giving written notice of cancellation to the Teacher. If the Pupil would like lessons to begin within the 14 day cancellation period, the Pupil (or parent or carer) must provide the Teacher with written confirmation of this. If the Agreement is then cancelled within the 14 day cancellation period, the Pupil is required to pay the fees for any lessons delivered and any other fees paid to the Teacher will be refunded.


Once the 14 day cancellation period has expired, the Agreement will remain in force continuously unless terminated in accordance with Condition 5 below:

 

Conditions of Music Tuition

1.         Lessons

The Teacher will give the lessons at the location specified. The date and time of each lesson will be agreed in advance of each lesson by the Teacher and the Pupil (or the Pupil’s parent or carer). The agreement should be confirmed in writing.

 

2.         Payment of fees

The Pupil (or the Pupil’s parent or carer) will pay for each lesson on or before the day of the lesson.

 

3.         Missed lessons

The Teacher will charge for any scheduled lessons which the Pupil does not attend, unless either i) the Pupil (or the Pupil’s parent or carer) has given the Teacher at least 48 hours’ written notice or ii) the Teacher chooses not to do so because of exceptional circumstances. If the Teacher cancels a scheduled lesson, the Pupil (or the Pupil’s parent or carer) may choose between (i) receiving a replacement lesson or (ii) receiving a refund of the lesson fee.

 

4.          Examinations, competitions and public performances

The Pupil will not be entered for any examination, competition or public performance without the prior consent of both the Teacher and the Pupil (and the Pupil’s parent or carer, where applicable).

 

5.         Termination of tuition

(a)       This Agreement may be ended by mutual consent at any time by both signatories to it signing and dating a written statement to that effect.

(b)      Where fees are not paid on time, the Teacher reserves the right, entirely at the Teacher’s discretion, to terminate this Agreement with immediate effect by giving written notice of termination to the Pupil or Pupil’s parent or carer. This right to terminate is without prejudice to any other rights the Teacher may have.

(c)       Either signatory to this Agreement may terminate the Agreement by giving notice in writing to the other signatory. Such termination will take effect immediately, except that if a lesson is scheduled to take place within 48 hours of notice being given by the Pupil or the Pupil’s parent or carer, that lesson must be paid for.

 


6.         Conduct

If the Teacher, in his or her reasonable opinion, feels unable to continue tuition on account of unreasonable conduct by the Pupil or anyone connected with the Pupil, the fees for any outstanding lessons will not be refundable.

 

7.         Communication between the parties

For the purposes of Conditions 1 and 3 written notice may be given on paper, by email or by SMS text message, provided that, in the case of an SMS text message, the recipient acknowledges receipt of the text. For the purposes of Conditions 5 and 8 any written notice, statement or agreement must be recorded on paper or by email (and not by SMS text message).

 

8.         Changes

(a)       Any changes to the terms of this Agreement must be confirmed in writing and signed and dated by both the Teacher and the Pupil (or the Pupil’s parent or carer).

(b)      If the Teacher chooses to waive any right or remedy under this Agreement or otherwise (for example, if the Teacher chooses to waive fees for any lessons which the Pupil does not attend) this shall not mean that he or she must do so in future or that he or she waives any other rights or remedies, unless agreed in writing in accordance with Condition 8(a) above.

 

9.         Governing law and jurisdiction

This Agreement shall be subject to the laws of the jurisdiction of the location for the lessons (specified above) and the signatories to this Agreement agree that any dispute relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.

Agreement Contract for Private Music Tuition

(Series by Series)


Conditions

 

The Conditions set out below will apply to this Agreement.

When this Agreement has been signed by both the Teacher and the Pupil or, if the Pupil is under 18 years of age, the Pupil’s parent or carer; it will constitute a legally binding personal contract between the signatories.


However, the Pupil (or the Pupil’s parent or carer) will have the right to cancel this Agreement within 14 days from the day after the date of this Agreement by giving written notice of cancellation to the Teacher. If the Pupil would like lessons to begin within the 14 day cancellation period, the Pupil (or parent or carer) must provide the Teacher with written confirmation of this. If the Agreement is then cancelled within the 14 day cancellation period, the Pupil is required to pay the fees for any lessons delivered and any other fees paid to the Teacher will be refunded.


Once the 14 day cancellation period has expired, the Agreement will remain in force continuously unless terminated in accordance with Condition 6 below:

 

Conditions of Music Tuition  

1.       Lessons

The Teacher will give tuition in a Series of lessons consisting of the number of lessons specified in the above agreement. The Teacher will give the lessons at the time and location specified. The Teacher will reserve this time slot for the Pupil.

 

2.       Payment of fees

The Pupil (or the Pupil’s parent or carer) will pay the fees for each Series in full on or before the first lesson of the Series.

 

3.       Lesson timetable

Before the first lesson of each Series, the Teacher will give the Pupil (or the Pupil’s parent or carer) written confirmation of (i) the dates and times of all lessons in that Series (ii) the start date of the following Series. Holiday breaks (as specified by the Teacher) may occur partway through a Series. Lessons will take place on public holidays only by prior agreement between the Teacher and the Pupil (or the Pupil’s parent or carer).

 

4.       Missed lessons

The Teacher will charge for any scheduled lessons which the Pupil does not attend, unless the Teacher chooses not to do so because of exceptional circumstances. If the Teacher cancels a scheduled lesson, the Pupil (or the Pupil’s parent or carer) may choose between (i) carrying the lesson forward; (ii) receiving a replacement lesson; or (iii) receiving a refund of the lesson fee.

 

5.       Examinations, competitions and public performances

The Pupil will not be entered for any examination, competition or public performance without the prior consent of both the Teacher and the Pupil (and the Pupil’s parent or carer, where appropriate). 

 

 

6.       Termination of tuition

(a)     This Agreement may be ended by mutual consent at any time by both signatories to it signing and dating a written statement to that effect.

(b)     Where fees are not paid on time, the Teacher reserves the right, entirely at the Teacher’s discretion, to terminate this Agreement with immediate effect by giving written notice of termination to the Pupil or Pupil’s parent or carer. This right to terminate is without prejudice to any other rights the Teacher may have.

(c)      Either signatory to this Agreement may terminate the Agreement by giving notice in writing to the other signatory where at least half of the scheduled lessons for that series are still unattended; for the termination to take effect at the end of that Series. Such termination will take effect at the end of a Series only and not at any other time. If the Teacher gives notice to terminate tuition at the end of a Series in accordance with this Condition 6(c) the Teacher will continue to provide lessons until the end of that Series.

 

7.       Failure to give notice

Unless terminated under Condition 6 above, this Agreement shall continue from Series to Series. If the Pupil (or the Pupil’s parent or carer) fails to give full notice to terminate this Agreement in accordance with Condition 6(c) above and the signatories have not agreed to terminate the Agreement in accordance with Condition 6(a) above, the following charges will be made in lieu of notice:

 

(a)     Where the notice given is less than that required under Condition 6(c), but is one calendar month or more before the start date of the next Series (as specified by the Teacher in accordance with Condition 3): 50% of the fees for the next Series;

(b)     Where the notice given is less than one calendar month before the start of the next Series: 100% of the fees for the next Series.

 

If the Pupil stops attending lessons while a Series is ongoing, the Pupil (or the Pupil’s parent or carer) is not entitled to a refund of any fees paid for that Series. The Pupil is entitled to attend any lessons paid for.

 

If the Teacher stops lessons without giving the correct notice specified in Condition 6(c) above the Teacher shall refund any fees already paid for any lessons not given.

 

8.       Conduct

If the Teacher, in his or her reasonable opinion, feels unable to continue tuition on account of unreasonable conduct by the Pupil or anyone connected with the Pupil, the fees for any outstanding lessons will not be refundable.

 

9.       Changes

(a)     Any changes to the terms of this Agreement must be confirmed in writing and signed and dated by both the Teacher and the Pupil (or the Pupil’s parent or carer).

(b)     If the Teacher chooses to waive any right or remedy under this Agreement or otherwise (for example, if the Teacher chooses to waive fees for any lessons which the Pupil does not attend) this shall not mean that he or she must do so in future or that he or she waives any other rights or remedies, unless agreed in writing in accordance with Condition 9(a) above.

 

10.     Communication between the parties

For the purposes of this Agreement written notice must be given on paper or by email.

 

11.   Governing law and jurisdiction

This Agreement shall be subject to the laws of the jurisdiction of the location for the lessons (specified above) and the signatories to this Agreement agree that any dispute relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.

Agreement Contract for Private Music Consultation

(Pay as you Go)


Conditions

 

The Conditions set out below will apply to this Agreement.

When this Agreement has been signed by both the Teacher and the Client or, if the Client is under 18 years of age, the Client’s parent or carer; it will constitute a legally binding personal contract between the signatories.


However, the Client (or the Client’s parent or carer) will have the right to cancel this Agreement within 14 days from the day after the date of this Agreement by giving written notice of cancellation to the Teacher. If the Client would like sessions to begin within the 14 day cancellation period, the Client (or parent or carer) must provide the Teacher with written confirmation of this. If the Agreement is then cancelled within the 14 day cancellation period, the Client is required to pay the fees for any sessions delivered and any other fees paid to the Teacher will be refunded.


Once the 14 day cancellation period has expired, the Agreement will remain in force continuously unless terminated in accordance with Condition 5 below:


Conditions of Music Consultation

1.         Sessions

The Teacher will give the sessions at the location specified. The date and time of each session will be agreed in advance of each session by the Teacher and the Client (or the Client’s parent or carer). The agreement should be confirmed in writing.

 

2.         Payment of fees

The Client (or the Client’s parent or carer) will pay for each session on or before the day of the session.

 

3.         Missed sessions

The Teacher will charge for any scheduled sessions which the Client does not attend, unless either i) the Client (or the Client’s parent or carer) has given the Teacher at least 48 hours’ written notice or ii) the Teacher chooses not to do so because of exceptional circumstances. If the Teacher cancels a scheduled session, the Client (or the client’s parent or carer) may choose between (i) receiving a replacement session or (ii) receiving a refund of the session fee.

 

4.       Examinations, competitions and public performances

The Client will not be entered for any examination, competition or public performance without the prior consent of both the Teacher and the Client (and the Client’s parent or carer, where applicable).

 

5.         Termination of consultation

(a)       This Agreement may be ended by mutual consent at any time by both signatories to it signing and dating a written statement to that effect.

(b)      Where fees are not paid on time, the Teacher reserves the right, entirely at the Teacher’s discretion, to terminate this Agreement with immediate effect by giving written notice of termination to the Client or Client’s parent or carer. This right to terminate is without prejudice to any other rights the Teacher may have.

(c)       Either signatory to this Agreement may terminate the Agreement by giving notice in writing to the other signatory. Such termination will take effect immediately, except that if a session is scheduled to take place within 48 hours of notice being given by the Client or the Client’s parent or carer, that session must be paid for


 

6.         Conduct

If the Teacher, in his or her reasonable opinion, feels unable to continue consultation on account of unreasonable conduct by the Client or anyone connected with the Client, the fees for any outstanding sessions will not be refundable.

 

7.         Communication between the parties

For the purposes of Conditions 1 and 3 written notice may be given on paper, by email or by SMS text message, provided that, in the case of an SMS text message, the recipient acknowledges receipt of the text. For the purposes of Conditions 5 and 8 any written notice, statement or agreement must be recorded on paper or by email (and not by SMS text message).

 

8.         Changes

(a)       Any changes to the terms of this Agreement must be confirmed in writing and signed and dated by both the Teacher and the Client (or the Client’s parent or carer).

(b)      If the Teacher chooses to waive any right or remedy under this Agreement or otherwise (for example, if the Teacher chooses to waive fees for any sessions which the Client does not attend) this shall not mean that he or she must do so in future or that he or she waives any other rights or remedies, unless agreed in writing in accordance with Condition 8(a) above.

 

9.         Governing law and jurisdiction

This Agreement shall be subject to the laws of the jurisdiction of the location for the sessions (specified above) and the signatories to this Agreement agree that any dispute relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.


Agreement Contract for Private Music Consultation

(Series by Series)


Conditions

 

The Conditions set out below will apply to this Agreement.

When this Agreement has been signed by both the Teacher and the Client or, if the Client is under 18 years of age, the Client’s parent or carer; it will constitute a legally binding personal contract between the signatories.

 

However, the Client (or the Client’s parent or carer) will have the right to cancel this Agreement within 14 days from the day after the date of this Agreement by giving written notice of cancellation to the Teacher. If the Client would like sessions to begin within the 14 day cancellation period, the Client (or parent or carer) must provide the Teacher with written confirmation of this. If the Agreement is then cancelled within the 14 day cancellation period, the Client is required to pay the fees for any sessions delivered and any other fees paid to the Teacher will be refunded.

 

Once the 14 day cancellation period has expired, the Agreement will remain in force continuously unless terminated in accordance with Condition 6 below:

 

Conditions of Music Consultation  

1.       Sessions

The Teacher will give consultation in a Series of sessions consisting of the number of sessions specified in the above agreement. The Teacher will give the sessions at the time and location specified. The Teacher will reserve this time slot for the Client.

 

2.       Payment of fees

The Client (or the Client’s parent or carer) will pay the fees for each Series in full on or before the first session of the Series.

 

3.       Session timetable

Before the first session of each Series, the Teacher will give the Client (or the Client’s parent or carer) written confirmation of (i) the dates and times of all sessions in that Series (ii) the start date of the following Series. Holiday breaks (as specified by the Teacher) may occur partway through a Series. Sessions will take place on public holidays only by prior agreement between the Teacher and the Client (or the Client’s parent or carer).

 

4.       Missed Sessions

The Teacher will charge for any scheduled sessions which the Client does not attend, unless the Teacher chooses not to do so because of exceptional circumstances. If the Teacher cancels a scheduled session, the Client (or the Client’s parent or carer) may choose between (i) carrying the session forward; (ii) receiving a replacement session; or (iii) receiving a refund of the session fee.

 

5.       Examinations, competitions and public performances

The Client will not be entered for any examination, competition or public performance without the prior consent of both the Teacher and the Client (and the Client’s parent or carer, where appropriate).

 

 

6.       Termination of consultation

(a)     This Agreement may be ended by mutual consent at any time by both signatories to it signing and dating a written statement to that effect.

(b)     Where fees are not paid on time, the Teacher reserves the right, entirely at the Teacher’s discretion, to terminate this Agreement with immediate effect by giving written notice of termination to the Client or Client’s parent or carer. This right to terminate is without prejudice to any other rights the Teacher may have.

(c)      Either signatory to this Agreement may terminate the Agreement by giving notice in writing to the other signatory where at least half of the scheduled sessions for that series are still unattended; for the termination to take effect at the end of that Series. Such termination will take effect at the end of a Series only and not at any other time. If the Teacher gives notice to terminate consultation at the end of a Series in accordance with this Condition 6(c) the Teacher will continue to provide sessions until the end of that Series.

 

7.       Failure to give notice

Unless terminated under Condition 6 above, this Agreement shall continue from Series to Series. If the Client (or the Client’s parent or carer) fails to give full notice to terminate this Agreement in accordance with Condition 6(c) above and the signatories have not agreed to terminate the Agreement in accordance with Condition 6(a) above, the following charges will be made in lieu of notice:

 

(a)     Where the notice given is less than that required under Condition 6(c), but is one calendar month or more before the start date of the next Series (as specified by the Teacher in accordance with Condition 3): 50% of the fees for the next Series;

(b)     Where the notice given is less than one calendar month before the start of the next Series: 100% of the fees for the next Series.

 

If the Client stops attending sessions while a Series is ongoing, the Client (or the Client’s parent or carer) is not entitled to a refund of any fees paid for that Series. The Client is entitled to attend any sessions paid for.

 

If the Teacher stops consultation without giving the correct notice specified in Condition 6(c) above the Teacher shall refund any fees already paid for any sessions not given.

 

8.       Conduct

If the Teacher, in his or her reasonable opinion, feels unable to continue consultation on account of unreasonable conduct by the Client or anyone connected with the Client, the fees for any outstanding sessions will not be refundable.

 

9.       Changes

(a)     Any changes to the terms of this Agreement must be confirmed in writing and signed and dated by both the Teacher and the Client (or the Client’s parent or carer).

(b)     If the Teacher chooses to waive any right or remedy under this Agreement or otherwise (for example, if the Teacher chooses to waive fees for any sessions which the Client does not attend) this shall not mean that he or she must do so in future or that he or she waives any other rights or remedies, unless agreed in writing in accordance with Condition 9(a) above.

 

10.     Communication between the parties

For the purposes of this Agreement written notice must be given on paper or by email.

 

11.   Governing law and jurisdiction

This Agreement shall be subject to the laws of the jurisdiction of the location for the sessions (specified above) and the signatories to this Agreement agree that any dispute relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.

Agreement Contract for Composition Commission

(Composing and Arranging an Original Piece of Music)


Conditions

 

The Conditions set out below will apply to this Agreement.

When this Agreement has been signed by both the Composer and the Commissioning Party, it will constitute a legally binding personal contract between the signatories.


However, the Commissioning Party will have the right to cancel this Agreement within 14 days from the day after the date of this Agreement by giving written notice of cancellation to the Composer. If the Commissioning Party would like the composition / arrangement process to begin within the 14 day cancellation period, the Commissioning Party must provide the Composer with written confirmation of this. If the Agreement is then cancelled within the 14 day cancellation period, the Commissioning Party is required to pay the fees for any work completed so far (based on minutes of composition completed at that time) and any other fees paid to the Artist will be refunded.

 

Once the 14 day cancellation period has expired, the Agreement will remain in force until the final score for the work (including all orchestral and choral parts) are sent in electronic format to the Commissioning Party by the delivery date set out in the Schedule of Work above.

 

Conditions of Composition Commission  

1. a) The Composer undertakes to Compose/Arrange for you a new, original piece of music in accordance with the specifications set out within this Agreement Contract and to deliver to the Commissioning Party the Score for the work (including all Orchestral and Choral parts) in electronic format by the delivery date stipulated in Schedule of Work outline above.

 

b) If for any reason it becomes apparent that the Composer will not be able to deliver the Work to the Commissioning Party by the agreed Delivery Deadline stipulated in the Schedule of Work, then the Composer shall promptly notify the Commissioning Party in writing. The Commissioning Party will then have the choice of the following two options in regards to this Commission:  i) To agree in writing a new, reasonable delivery date for the Work, or ii) To notify the Composer in writing that they wish to terminate the Composition Commission and as such receive any refund due to the Commissioning Party for any work not already completed as stipulated within this Agreement Contract.

2. The Commissioning Party agrees to pay the previously specified Service Commission following receipt of an invoice from the Composer; 50% of which will be paid as a non-returnable ‘deposit’, with the remainder being due 7 Days after the delivery of the Work as an Electronic Score to the Commissioning Party.

 

3. If the Fees and Expenses are not paid by the due date specified within this agreement contract, the Composer shall be entitled to charge the Commissioning Party interest at 2% (two per cent) per week from the due date of payment until payment has been received.

 

4. The copyright and all other rights associated with this Work, including the Score and all orchestral and/or vocal parts shall remain vested in the Composer. The Commissioning Party shall be free to handle this Work and the Score file subject only to the rights granted to the Commissioning Party under this agreement and the restrictions set out below:


a) Changes to the Work and/or the Score: The Commissioning Party (or anyone associated or working on behalf of the Commissioning Party) shall not be entitled to make any changes to the Work or the Score without the prior written consent of the Composer. If the Commissioning Party (or anyone associated or working on behalf of the Commissioning Party) wishes to make any changes to the Work or the Score following delivery of this work to then they should notify the Composer in writing providing details regarding what your desired amendments/alterations would be and (at the Composers discretion) if these amendments are agreed by the Composer the Commissioning Party shall pay the Composer an additional fee (to be negotiated and agreed by both parties in writing at such a time as these circumstances arise).

 

b) Licence: In consideration of the full payment to the Composer of the Fee stipulated within this Agreement Contract and for the other considerations contained within this Agreement Contract; the Composer hereby grants the Commissioning Party Licence to reproduce (at the cost of the Commissioning Party) physical and/or electronic copies from the original score for the purposes of orchestral/vocal rehearsals in their individual Parts, as well as Licence to Perform the Work on the date(s), time(s) and venue(s) stipulated within this agreement. The Commissioning Party (or anyone associated or working on behalf of the Commissioning Party) shall not be entitled to record any Performance(s) of this Work or otherwise exploit the Work or Parts in any way. Following completion of any Performance(s) (at the Composers Discretion) the Commissioning Party shall promptly return all parts and copies of the Score to the Composer or (at the Composers Discretion) destroy them and delete any additional electronic copies that were made (making sure that all orchestral and/or vocal members do the same).

 

c) Exclusivity: The Composer agrees not to grant any other third party the right to perform the Work in public until after your specified Performance dates.

 

d) Credit and Copyright Notice: The Commissioning Party must acknowledge that the Composer has asserted his/her right to be identified as the Composer of the Work and the Score and the Commissioning Party should ensure that all programmes and publicity materials relating to the Performance(s) of this Work prominently credit The Composer signatory of this Agreement Contract as the Composer of the Work and include any additional information provided by the Composer. All physical and electronic copies of the Score reproduced by the Commissioning Party (or anyone associated or working on behalf of the Commissioning Party) shall bear a standard copyright notice including the following wording: Copyright (Name of Composer) [Year of Composition] All rights reserved.

 

e) Name, photo and Biography: The Commissioning Party shall be entitled to use the Composers Name, approved professional name (or business name), approved photograph and approved biography solely in connection with the use of the Work and Score associated with this Agreement Contract for the purpose of the promotion of the performances stipulated within this Agreement Contract. Materials supplied by the Composer shall be deemed approved but the Composer will retain the right to withdraw approval for the use of any photographs for promotional purposes, which will be done so in writing between the Composer and the Commissioning Party. The Commissioning Party (or anyone associated or working on behalf of the Commissioning Party) shall not use such promotional material so as to suggest that the Composer promotes or endorses any third party product or service or for advertising the Commissioning Parties business generally.

 

5. The Composer hereby asserts his/her moral rights over the Work as defined under ss. 77 and 80 of the Copyright, Designs and Patents Act, 1988.

 

6. The Composer is free to offer the Work for publication at any time after the work has been submitted electronically to the Commissioning Party.

 

7. a) If the Composer is unable to fulfil, or is delayed in fulfilling, his/her obligations under this Agreement owing to illness (evidenced by doctor's note) or other circumstances beyond the Composers’ reasonable control, the Composer shall inform the Commissioning Party of this fact as soon as is reasonably practical, as stipulated in Condition 1b. The Composer will use reasonable endeavours to provide a suitable replacement, but will otherwise be under no further obligation to the Commissioning Party and the Commissioning Party will be under no further obligation to the Composer with regard to the Fee or Expenses.

 

b) Such non-fulfilment or delay shall be deemed not to constitute a breach of this Agreement.

 

8. Both parties acknowledge and agree that nothing in this Agreement shall create an employment relationship between the parties, and the Composer shall pay his/her own taxes including VAT and National Insurance contributions.

 

9. This Agreement shall be subject to the laws and the exclusive jurisdiction of the courts of the Composers location. OR Any disputes arising in respect of this Agreement shall be settled through arbitration through an agreed organisation or individual. The parties reserve the right to issue legal proceedings where a matter has not been finally resolved by arbitration to the satisfaction of both parties, in which case the governing law and jurisdiction shall be those of England and Wales.

Agreement Contract for Performance Engagement

(Performing as a Soloist & Group/Ensemble Scenario)


Conditions

 

The Conditions set out below will apply to this Agreement.

When this Agreement has been signed by both the Artist and the Client or Promoter, it will constitute a legally binding personal contract between the signatories.

 

However, the Client or Promoter will have the right to cancel this Agreement within 14 days from the day after the date of this Agreement by giving written notice of cancellation to the Artist. If the Client or Promoter would like the rehearsals or performances to begin within the 14 day cancellation period, the Client or Promoter must provide the Artist with written confirmation of this. If the Agreement is then cancelled within the 14 day cancellation period, the Client or Promoter is required to pay the fees for any rehearsals or performances delivered and any other fees paid to the Artist will be refunded.

 

Once the 14 day cancellation period has expired, the Agreement will remain in force until the final rehearsal/performance date.

 

Conditions of Music Performance Engagement

1. The Artist undertakes to perform at the Performance(s) listed within this agreement contract and the Client or Promoter shall pay the Artist the agreed Fees and Expenses. Artist's invoice for Expenses shall be accompanied by copies of receipts or other documentary evidence of expenditure.

 

2. The Client or Promoter may make and receive such charges for admission to the Performance as the Client or Promoter shall determine.

 

3. The Client or Promoter shall use best endeavours to promote and advertise the Performance and shall consult with the Artist concerning such promotion and advertising. It is the Client’s or Promoter’s responsibility to ensure that, at the Clients or Promoter’s cost, the Artist’s name is afforded due prominence on all advertising and publicity material, and the Artist hereby authorises the Client or Promoter to use any biography and likeness supplied by the Artist.

 

4. The Artist is required to attend the agreed rehearsal(s) specified in this agreement contract.

 

5. No rehearsal shall be conducted before an audience without the Artist’s prior written consent.

 

6. (a) The Client or Promoter shall ensure that no part of the Artist’s rehearsal or Performance is recorded, reproduced or transmitted without the prior written consent of the Artist and that, where required, the composer’s prior consent to the recording or transmission of the Performance has been obtained.

 

(b) Any BBC broadcast (radio or television) of the Performance to be recorded shall be recorded and broadcast subject to the current agreement between the BBC and the Incorporated Society of Musicians.

 

7. The Client or Promoter shall not use the Artist’s name or likeness for the endorsement of any product or service without the Artist’s prior written consent.

 

8. The Client or Promoter shall ensure, at the Client’s or Promoter’s cost, that any monies due to the Performing Rights Society in respect of the Performance are paid.

 

9. The Client or Promoter shall ensure that the Venue has adequate changing and cloakroom facilities available for the Artist’s use.

 

10. The Client or Promoter shall disclose details of any known risks to the health and/or safety of the Artist during the rehearsal and Performance and will take the necessary steps to prevent or control such risks.

 

11. The Client or Promoter shall ensure that the venue is in possession of an active Public Health Insurance policy that covers any awards of damages to the Artist due to injury of either the Artist or damage to Artist's property caused by the Promoter or the Venue's employees, agents or guests.

 

12. The Artist will provide his/her own instrument and/or equipment (which will be adequately insured by the Artist at Artist's own cost) unless otherwise agreed in writing.

 

13. The Artist shall comply with all rules, regulations and agreements relating to health, safety, welfare, first aid and fire prevention that may be in force at the Venue.

 

14. If the Client or Promoter cancels the Performance, for whatever reason, the Client or Promoter shall immediately notify the Artist of this in writing and pay the Artist a cancellation fee set in relation to the length of notice given prior to the date of the performance:

 

a) Notice of four weeks or less - 100% of the Fees plus any Expenses incurred;

 

b) Notice of more than four weeks but not more than 12 weeks - 75% of the Fees plus any Expenses incurred;

 

c) Notice of more than 12 weeks but not more than 26 weeks - 50% of the Fees plus any Expenses incurred;

 

d) Notice of more than 26 weeks - 25% of the Fees plus any Expenses incurred.

 

15. If the Fees and Expenses are not paid by the due date specified within this agreement contract, the Artist shall be entitled to charge the Promoter interest at 2% (two per cent) per week from the due date of payment until payment has been received.

 

16. a) If the Artist is unable to fulfil, or is delayed in fulfilling, his/her obligations under this Agreement owing to illness (evidenced by doctor's note) or other circumstances beyond the Artist’s reasonable control, the Artist shall inform the Promoter of this fact as soon as is reasonably practical. The Artist will use reasonable endeavours to provide a suitable replacement, but will otherwise be under no further obligation to the Client or Promoter and the Client or Promoter will be under no further obligation to the Artist with regard to the Fee or Expenses.

 

b) Such non-fulfilment or delay shall be deemed not to constitute a breach of this Agreement.

 

17. Both parties acknowledge and agree that nothing in this Agreement shall create an employment relationship between the parties, and the Artist shall pay his/her own taxes including VAT and National Insurance contributions.

 

18. This Agreement shall be subject to the laws and the exclusive jurisdiction of the courts of the location of the Performance. OR Any disputes arising in respect of this Agreement shall be settled through arbitration through an agreed organisation or individual. The parties reserve the right to issue legal proceedings where a matter has not been finally resolved by arbitration to the satisfaction of both parties, in which case the governing law and jurisdiction shall be those of England and Wales.

 

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