Booking Terms.
These terms feature in our Booking Contract and apply to all bookings.
1: Definitions
"Agent" means Juke Jam Entertainment Limited (Company Registration Number: 14249210), trading as JukeJam, also referred to as "We" and "Us". The Agent acts as an employment agency and is not a party to the resulting Booking Contract itself. Consequently, the Agent does not accept responsibility for non-fulfilment or breach of any such Booking Contract.
"Artist(s)" refers to the individual musician(s) or musical act(s) providing the service(s) as booked by the Client. Each Artist or musical act is considered a separate party to this Agreement, with distinct responsibilities and obligations.
"Booking Contract" denotes the document issued to the Artist and Client by the Agent, which contains the Booking Details and the Booking Terms, as listed here. Any booking arrangements discussed exclusively between the Artist and Client, which are not listed in the Booking Contract, fall outside the remit of the Agent. Therefore, the Agent does not accept responsibility for the non-fulfilment or breach of any booking details not presented in the Booking Contract.
"Booking Details" signifies the initial section of the Booking Contract that outlines the specific details and terms of the booking made between the Artist and the Client.
"Booking Terms" refers to the terms and conditions listed here, which also form the second section of the Booking Contract.
"Client" denotes the person(s) or company that wishes to book the Artist via the Agent to perform at their event.
"Deposit" means the initial booking fee paid to the Agent by the Client to secure and confirm the Booking Contract, and thus the engagement between the Artist and the Client, as per the Booking Details.
"Event" signifies the event for which the Client is booking the Artist to perform.
"Artist Fee" refers to the remaining balance following the payment of the Deposit made by the Client to the Agent, as per the terms of the Booking Contract.
2: Introduction
2.1: Interpretation. In these Booking Terms, unless the context otherwise requires, the following rules of interpretation shall apply:
a) Headings: The headings in these Booking Terms are for convenience only and shall not affect the interpretation of the Booking Terms.
b) Singular and Plural: Words in the singular include the plural and vice versa.
c) Gender: Words referring to a gender include all genders.
d) Persons: References to persons include individuals, companies, corporations, partnerships, and other legal entities.
e) Writing: References to "written" or "in writing" include communication by email, which is the preferred method of communication between the Agent, Clients, and Artists.
f) Dates and Times: All references to dates and times shall be based on the local time at the location of the Event, unless otherwise specified.
g) Legislation: References to any legislation, statutory instrument, regulation, or order include all amendments, modifications, re-enactments, or replacements made to them from time to time.
h) Contractual Terms: Any phrase introduced by the terms "including", "include", "in particular", or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
i) Events: References to "Events" include private events such as weddings, corporate events, and private parties.
j) Location: References to the "location" of the Event pertain to venues within the United Kingdom, as the agency's initial focus is on domestic bookings. However, this does not exclude the possibility of international bookings, which will be handled on a case-by-case basis in accordance with applicable international laws and standards.
2.2: Overview. These Booking Terms govern the relationship between the Artist, Agent, and Client, outlining the standard practices and criteria that all parties are expected to adhere to. The Booking Contract outlines the engagement between the Artist and the Client. By paying the Deposit, the Client agrees to the Booking Contract, which includes the Booking Details and Booking Terms as fixtures.
2.3: Agent's Commission and Deposit. The Agent's commission is determined using a financial model, and the Deposit serves as an agreement to the Booking Details and Booking Terms. The payment process, terms, and conditions related to the Deposit will be further detailed in Clauses 4 and 12.
2.4: Communication and Contact. Communication between the parties of the Booking Contract must be exclusively through the Agent, except on the day of the Event.
3: The Booking Process
3.1: Validation of the Booking Contract. The Booking Contract does not require signatures from the Artist(s) and the Client. It is validated by the payment of the Deposit by the Client and the written agreement (including electronic communication) of the Artist(s). The Booking Contract is valid for agreement within the 7-day period during which the Deposit can be paid.
3.2: Modifications and Negotiations. The Agent will continue to act as the negotiator for the booking up to the event date, even after the Deposit has been paid. Minor revisions to the Booking Details will be under the negotiation of the Agent and at the discretion of all parties involved.
3.3: Mistakes in the Booking Contract. Clients are encouraged to highlight any mistakes in the Booking Contract before paying the Deposit. If the Client or Artist(s) identifies a mistake in the Booking Contract after the Deposit has been paid, the determination of whether it constitutes a mistake or a general revision of Booking Terms will be at the discretion of the Agent. Cancellation Fees are discussed further in Clause 12.
3.4: Booking Notes. Specific or unique conditions of the booking will be listed under the 'Booking Notes' section in the Booking Details. These conditions hold equal importance despite being written in prose and will be included alongside standard booking details such as event location and times.
3.5: Storage and Retrieval of the Booking Contract. The Booking Contract will be stored digitally and securely by the Agent and will be issued to the Artist(s) and the Client via email. If either party requests a reissue of the Booking Contract, the Agent will provide it digitally via email.
4: Payment Process
4.1: Payment of Booking Fee as Acting Deposit. The Booking Fee should be paid by the Client to the Agent. Payments should be made via the online payment link which will be sent by the Agent to the Client in tandem with the Booking Contract. This payment will act as Deposit: securing the Booking Contract and confirming the booking. The payment of the Deposit must be made by the Client within seven (7) days of the Agent issuing the online payment link. Failure to do so will result in a new Booking Contract and payment link needing to be drawn up by the Agent, which may risk losing the availability of the Artist(s). The Deposit is non-refundable outside of the given period, as set out in Clause 12 of the Booking Terms.
4.2: Payment of Artist Fee. The Artist Fee represents the outstanding balance following the payment of the Booking Fee by the Client to the Agent. The Artist Fee should be paid by the Client to the Agent. Payments should be made via Bank Transfer. The Agent’s bank details will be forwarded to the Client by the Agent following the payment of the Deposit. The Artist Fee must be paid at least two (2) weeks prior to the Event, the date of which will be made apparent in the Booking Details. If the Client fails to pay the Artist Fee by this given date, the Agent withholds the ability to cancel the booking. The Booking Fee may be part or fully refundable dependent on the point of cancellation by the Client, as set out in Clause 12 of the Booking Terms.
4.3: Payment from the Agent to the Artist(s). The Agent shall remit the Artist Fee to the Artist(s) within five (5) working days following the Event. Payment to the Artist(s) will be made as stipulated by the Artist(s): into a collective Artist(s) account, to the Artist(s) Representative, or to the individual musician(s) facilitating the Artist(s) performance.
4.4: Invoicing. The Artist(s), whether individual musicians or as a collective entity, must invoice the Agent for their Fee. The Artist(s) may seek clarification from the Agent regarding the specifics of their individual fee if needed.
4.5: Non-submission of Invoice. If the Artist(s) does not provide an invoice, the Agent cannot process the payment. It is the responsibility of the Artist(s) to ensure timely submission of the invoice to facilitate prompt payment.
5: Responsibilities of the Client
5.1: Parking. The Client must secure sufficient and safe parking facilities for the Artist(s) at the event location. If parking facilities are restricted or limited, the Client must notify the Agent at least seven days prior to the event.
5.2: Sound Limiters. Should the venue be equipped with a sound limiter, the Client must notify the Agent at least eight (8) weeks prior to the event. This information is crucial to ensuring a high-quality performance from the Artist(s).
5.3: Performance Space. The Client must ensure that the Artist(s)'s performance space meets or exceeds the specifications outlined in the Booking Details.
5.4: Behaviour Towards the Artist(s). The Client must take reasonable steps to prevent any aggressive or abusive behaviour towards the Artist(s) from any attendees. Should such behaviour occur, the Artist(s) reserves the right to terminate the performance, while still entitled to the full Artist Fee.
5.5: Scheduling Errors. If the Artist(s) is unable to perform for the full scheduled duration due to the Client’s own scheduling errors, the Artist(s) is still entitled to the full fee.
5.6: Set-Up Time. The Client must ensure that the Artist(s) receives the minimum amount of setup time prior to the start of the performance, as listed in the Booking Details. The Artist(s) must also be afforded fair and reasonable time post-performance for pack-up.
5.7: Curfew. All performances by the Artist(s) (including DJ Service) must conclude by the contracted curfew. If the Event runs beyond this time due to delays not attributable to the Artist(s), an additional fee of £250.00 per hour will apply.
5.8: Technical Facilities. The Client must ensure that all necessary technical facilities as specified in the Booking Details are made available to the Artist(s). Any potential issues regarding these technical facilities must be communicated to the Agent at least four (4) weeks prior to the event.
5.9: Equipment Safety. The Client must take reasonable measures to prevent unauthorised use, damage, theft, or loss of the Artist(s)'s equipment during the time the Artist(s) is present at the venue.
5.10: Compliance with Venue Regulations. The Client must notify the Artist(s) of any venue-specific regulations or requirements that could impact the performance.
5.11: Breach of Responsibilities. In the event that the Client fails to comply with the responsibilities outlined in this clause, the Artist(s) may treat such failure as a cancellation of the booking, invoking the cancellation penalties as stipulated in Clause 12. Additionally, the Client will be responsible for the cost of repairing any damage to, or replacing any property of the Artist(s) resulting from the breach, as well as compensating for any loss of revenue suffered by the Artist(s) directly attributable to the breach.
6: Responsibilities of the Artist(s)
6.1: Performance Quality. The Artist(s) agrees to provide a performance that is to the best of their ability, closely resembling the likeness of the Artist(s)'s show as advertised via promotional materials, pictures, videos, audio recordings, and web page, etc. The Artist(s) will endeavour to ensure the performance is outstanding, within reasonable bounds, and adhere to the Client's wishes.
6.2: Professional Conduct. The Artist(s) will maintain a polite and courteous demeanour with the Client, its guests, and all venue staff and contractors. The Artist(s) will refrain from excessive drinking of alcohol or partaking in illegal drug use during the performance and in the presence of the Client, its guests, or Venue staff. Any conduct deemed anti-social or illegal is strictly prohibited.
6.3: Communication. The Artist(s) will promptly and reliably communicate with the Client and the Agent as reasonably required.
6.4: Performance Requests. The Artist(s) will make a reasonable effort to accommodate the Client's musical preferences from their advertised repertoire. These efforts will be guided by the ‘Setlist’ stipulation in the Booking Details. However, the Artist(s) does not guarantee that all requests can be met.
6.5: Special Song Requests. The Artist(s) will perform special song requests integral to the booking negotiation, provided that these requests are agreed upon during the initial booking and are noted on the Booking Details.
6.6: Equipment. The Artist(s) will arrive with all necessary equipment required for their performance, which will be in good working order. All equipment will be suitably insured and regularly tested for safety.
6.7: Arrival Time and Vehicle Cover. The Artist(s) agrees to arrive on time for the event. Any delays will be communicated to the Client promptly. The Artist(s) will have been encouraged by the Agent to maintain vehicle breakdown cover including 'onward travel' to ensure timely arrival at the event.
6.8: Compensation. The Artist(s)'s fee includes all expenses, except those separately itemised or accounted for in this Booking Contract.
6.9: Regulations. The Artist(s) will comply with all rules and regulations of the Venue.
6.10: Non-Compete. The Artist(s) confirms that at the time of entering into this Contract, they are not under any contract or obligation to a third-party that may prevent them from performing at the event.
6.11: Presentation. The Artist(s) will be suitably dressed for the performance, in line with their image and/or act, as well as any relevant stipulations present in the Booking Details.
6.12: Promotion. The Artist(s) agrees not to distribute promotional materials bearing alternate stage names, personal contact details, or any contact details other than those of the Agent, at the Event nor to the Client pre- or post-Event.
6.13: Tax Responsibilities. The Artist(s) is not an employee of the Agent or Client and is solely responsible for their own accounting, VAT, and other taxes arising in connection with the Performance. This also applies to National Insurance contributions for each member of the Artist(s)'s team.
6.14: Sound Limiters and Volume. The Artist(s) will deliver the Performance at a volume suitable for the style of music they perform. The volume and sound level can be adjusted as per the Client's or Venue's reasonable request.
6.15: Equipment Sharing. Unless explicitly permitted, no other parties are allowed to use the Artist(s)’s equipment.
6.16: Breach of Responsibilities. In the event that the Artist(s) fails to comply with the responsibilities outlined in this clause, the Client may treat such failure as a cancellation of the booking, invoking the cancellation penalties as stipulated in Clause 11.
7: Responsibilities of the Agent
7.1: Representation and Promotion. The Agent is responsible for promoting the Artist(s), negotiating and preparing this Booking Contract, and managing the relationship between the Client and the Artist(s).
7.2: Communication. The Agent serves as the primary contact for the Client regarding any instructions, requests, or queries about the Event or the performance. Significant changes to the booking must be communicated to the Agent immediately.
7.3: Providing Contact Details. The Agent will ensure that the Artist(s) is in receipt of contact details for the Client and/or venue within 48 hours of the Event. Earlier communication can be facilitated upon request or necessity.
7.4: Responsiveness. Both the Artist(s) and the Client must ensure they are contactable at all times by the Agent and respond promptly to any contact. The Agent will always make reasonable efforts to contact a party and is not responsible where, despite such efforts, it has not been able to contact a party.
7.5: Emergency Measures. If the Agent is unable to contact a party, the Artist(s) and the Client authorise the Agent to take reasonable steps to ensure that the Event continues with as little disruption as possible. This includes the authority to book a replacement Artist(s) if necessary.
7.6: Booking Confirmation. The Agent will confirm the booking in writing to both the Client and the Artist(s) immediately after receipt of the agreement from both parties to the booking.
7.7: Substitutions. In the event of the Artist(s)'s cancellation, it is the responsibility of the Agent to find a suitable substitute that will provide the same level of performance and skill as the original act.
7.8: Support. The Agent will provide the necessary support to both the Artist(s) and the Client, ensuring smooth communication and a successful event. This includes any clarifications regarding the contract or the responsibilities of either party.
7.9: Compliance. The Agent will ensure compliance with all obligations under this Contract, ensuring that both the Artist(s) and Client understand and fulfil their roles appropriately.
7.10: Conflict Resolution. In the event of a dispute between the Client and the Artist(s), the Agent will act as an intermediary to facilitate a resolution, maintaining impartiality and striving to reach a satisfactory outcome for all parties involved.
8: Usage of Photographs and Video Recordings
8.1: Photographic Rights of the Client. Unless expressly prohibited by the Artist(s), the Client is permitted to take photographs and video of the performance for personal use.
8.2: Photographic Rights of the Artist(s). Unless expressly prohibited by the Client, the Artist(s) may take photographs and video footage at the Event for promotional and marketing purposes.
8.3: Transfer of Copyright. The Client transfers any copyright interests in the photographs and/or video taken by the Artist(s).
8.4: Rights for Removal. If dissatisfied, the Client can request the removal of any photographs or videos taken by the Artist(s) at the Event.
9: Use of Deputy Performers
9.1: Applicability of this Clause. This clause is specifically relevant to the engagement of alternate or substitute performers by the Artist(s).
9.2: Artist(s) Group Formation. The Artist(s) will engage the group as presented to the Agent and the Client, unless unforeseen circumstances necessitate a performer substitution.
9.3: Engagement of Substitute Performers. The Artist(s) may have substitute performers ready and reserves the right to use one or more of them if required.
9.4: No Cancellation by Artist(s). If a member of the Artist(s)’s group becomes unavailable and a suitable substitute performer can fulfil the booking, the Artist(s) must engage the substitute performer.
9.5: Group Composition Change. Where the Artist(s) permanently substitutes a performer who is a celebrity or the main performer, the Artist(s) is required to provide immediate notification to the Agent and the Client about the need for substitution. The proposed substitute must be approved by the Client. The Client reserves the right to reject the proposed substitute if they are not satisfied with the substitution. If the Client accepts the substitution, the Artist Fee may be adjusted to reflect the change in the composition of the group. The new fee will be negotiated between the Client, the Artist(s), and the Agent. It is at the Agent’s discretion whether the proposed substitution constitutes a wavering of otherwise present cancellation terms.
9.6: Client's Rights. If the use of a substitute or deputy performer is not in replacement of a performer who is a celebrity or the main performer, the Client is not entitled to a reduction in the Deposit or Artist and said change does not qualify as a cancellation reason.
10: Handling of Personal Information
10.1 Management of Client’s Personal Data. The Agent will use the Client’s personal data as outlined in the Agent’s privacy policy. The Artist(s) will use the Client’s personal data to attend the Event, perform, and to meet its obligations under this Contract.
11: Contractual Assignments and Third-Party Involvement
11.1 Contractual Assignments. No party may assign its rights and/or responsibilities under this Booking Contract to any third party without prior consent from the other parties.
11.2 Third-Party Involvement. Except for the Agent, where specified in the Booking Contract, no third-party will have any right to enforce any terms of this Booking Contract.
11.3 Independent Obligations of the Artist(s). If the Client books more than one Artist(s) for an Event, each Artist(s) is entering into this Booking Contract independently of the other Artist(s). A breach of this Booking Contract by one Artist(s) does not constitute a breach by any other Artist(s) contracted for the same event. Each Artist(s) is solely responsible for their own performance and obligations under this Booking Contract.
12: Cancellations
12.1 Cancellation Fees. In the event that the Client cancels the booking, the following provisions shall apply:
a) If the cancellation is made between five (5) working days following the payment of the Deposit and 120 days before the Event, the Deposit shall not be refunded.
b) If the cancellation is made between 120 and 90 days before the Event, the Client shall be liable to pay 50% of the Artist(s) Fee.
c) If the cancellation is made within 90 days of the Event, the Client shall be liable to pay 100% of the Artist(s) Fee.
All cancellations must be made in writing and acknowledged by the Agent. The Client must ensure it receives a written confirmation of the cancellation from the Agent, who will then notify the Artist(s).
12.2 Postponement. In the event that the Client wishes to postpone the Event, the following provisions shall apply:
a) The Client may postpone the Event without incurring additional fees, provided that such intent is communicated to the Agent at least four (4) weeks prior to the Event.
b) If the Client communicates the desire to postpone the Event less than four (4) weeks prior to the Event, it may incur a fee up to 100% of the Artist(s) Fee, subject to the discretion of the Agent.
c) The Agent will notify the Artist(s) of the Client’s request to postpone the Event and liaise with the Artist(s) regarding the new proposed date. The Client acknowledges that the Artist(s)’s availability for the new date cannot be guaranteed due to possible prior commitments.
d) If the Artist(s) agrees to the new date, the Agent will confirm in writing to both the Client and the Artist(s) the new Event date and any changes to the fee structure. If the Artist(s) is not available for the new date or if the Client does not agree with any changes to the fees, the Client can choose to continue with the Booking Contract as originally agreed or cancel the Booking Contract, with cancellation fees applying as stated in Clause 12.1.
12.3 Cancellation by the Artist(s). If the Artist(s) cancels the booking, the Artist(s) shall be obligated to notify the Agent in writing. Upon receipt of the written cancellation, the Agent will inform the Client and take necessary steps to find a suitable replacement of similar standard and style. The Artist(s) may be held accountable for any differences in fee structures or additional costs associated with securing a replacement.
12.4 Cancellation by the Agent. The Agent reserves the right to cancel the Booking Contract if it reasonably determines that such cancellation is in the best interest of the Client or the Artist(s). The Agent will provide written notice to both the Artist(s) and the Client of such cancellation. If the Booking Contract is cancelled by the Agent, it shall be deemed as a cancellation without cause by the respective party and the relevant cancellation provisions in Clause 12 will apply.
13: Force Majeure
13.1: Definition of Force Majeure. A "Force Majeure" event refers to circumstances beyond the reasonable control of either party that prevent them from fulfilling their obligations under this Booking Contract. Examples of Force Majeure events include, but are not limited to, war, riots, terrorist acts, public health emergencies, natural catastrophes, acts of government or local authority having jurisdiction in the matter, changes in law, and other unforeseen circumstances. For the avoidance of doubt, Force Majeure does not include financial distress or alterations in market prices.
13.2: Notification and Evidence of Force Majeure. If a party finds themselves unable to comply with their obligations due to a Force Majeure event, they are obliged to promptly notify the other party and provide reasonable evidence supporting the occurrence of the event. Failure to promptly notify and provide evidence will not exempt the party from their obligations under this contract.
13.3: Consequences of Force Majeure. In the event of a Force Majeure, any obligation of the affected party that can no longer be performed will be delayed until the event ends. The affected party must make a reasonable effort to mitigate the effect or duration of the Force Majeure event.
13.4: Cancellation due to Force Majeure. In the case where a Force Majeure event has such a substantial effect that it prevents one party from fulfilling their obligations in a reasonable manner, that party may choose to cancel the contract. Any sums paid in advance may be subject to partial or full refund, depending on the circumstances and as negotiated by the Agent.
14: Complaints
14.1: Filing a Complaint. If the Client wishes to issue a complaint regarding the Artist(s) following the Event, the complaint should be made in writing to the Agent within 30 days following the Event.
14.2: Role of the Agent in Mediation. The Agent will facilitate communication between the Client and the Artist(s) in an attempt to resolve the issue amicably. The Agent is not responsible for the actions or failures of either the Client or the Artist(s), but will use commercially reasonable efforts to mediate the dispute and come to an agreement regarding any potential refund or compensation.
14.3: Non-Settled Complaints. In the event that the dispute cannot be resolved to the mutual satisfaction of both parties, each party retains the right to seek further legal advice or take any action they deem necessary.
14.4: Payment Obligations. The Client is not entitled to withhold or discount any payment due to the Artist(s) as a form of compensation without the agreement of the Agent and the Artist(s). Any agreed settlement will be refunded by the Artist(s).
14.5: Disputes or Altered Contracts. If there is a dispute arising from changes to the Booking Contract that were agreed upon by the Client and the Artist(s) but not confirmed in writing by the Agent, such disputes will be handled directly between the Client and the Artist(s). The Agent will not mediate in such instances.
15: Contractual Validity and Execution
15.1: Separate Operations of Clauses. Each provision of this Booking Contract operates separately. If any court or relevant authority deems any of them illegal, the remaining provisions will continue to be fully effective.
15.2: Enforcement Postponement. If the execution of any part of this Contract is not immediately demanded following a breach, it does not imply a waiver of obligation. It can still be enforced at a later time.
15.3: Legal Jurisdiction. This Booking Contract is overseen by English law and legal proceedings related to the services can be initiated in the English courts. For residents of Scotland and Northern Ireland, legal proceedings can be initiated in either their local or the English courts.
This Booking Terms serves as a binding contract between the Client, the Artist(s), and the Agent. By entering into this agreement, the Client, the Artist(s), and the Agent acknowledge and agree to fulfil their respective responsibilities as outlined in the preceding clauses.