FlyBase Discotheque Contract And Terms & Conditions
- 1. BOOKING CONTRACT AND TERMS & CONDITIONS 1 This contract reflects the verbal agreement. It shall include any terms agreed prior to its issue. It shall be deemed unaccepted unless the SIGNED AGREEMENT and BOOKING DEPOSIT is received by FLYBASE DISCOTHEQUE within 7 working days of the issuing date. No alterations may be made to this contract by hirer without prior approval consent from FLYBASE DISCOTHEQUE. Please Note: by completing and sending this booking form, you agree that you are making a confirmed booking and entering into a contract which carries your acceptance, in full, of the booking terms. 2 Reservation fee: you agree to our booking deposit which is payable in advance to secure entertainment. The reservation fee is deducted from the price quoted and is non-refundable. 2.1 Overtime Charge: Any extension to the agreed timescale will be charged in addition to the booking fee per hour (or part hour), thereafter, which shall be payable in advance before commencement of extended entertainment. 3 The Client shall have the right to cancel the booking by serving upon FLYBASE DISCOTHEQUE not less than 28 clear days notice in writing. In the event of the client wishing to cancel this contract agreement for any reason other than Act of God or National Disaster, any BOOKING DEPOSIT Payment will be forfeited. 3.1 A cancellation fee of not less than 50% of the agreed fee will be due if the cancellation is within fourteen days of the performance. 3.2 A cancellation fee of not less than 75% of the agreed fee will be due if the cancellation is within seven days of the performance. 3.3 The whole of the agreed fee will be due if cancellation is within 48 hours of the performance. 4 In the unlikely event that FLYBASE DISCOTHEQUE is unable to attend personally due to accident or sudden illness, FLYBASE DISCOTHEQUE shall endeavour to provide a suitable substitute offering a similar service of equal or greater value at no additional charge to the client. This does not apply in circumstances detailed below. 4.1 Force Majeure – FLYBASE DISCOTHEQUE will not be liable for failing to attend a booking, where the reason for non- attendance or late arrival is caused by adverse weather conditions (including Snow & Flooding), road closure, road traffic accident, vehicle breakdown, fuel shortages, acts of terrorism, industrial action, or other unavoidable circumstances deemed beyond our control. 5 The hirer will appreciate that suitable time for venue access, safe installation and dismantling and safe removal of equipment from venue is required in addition to performance time. Therefore, the hirer and venue will allow suitable time for the installation and dismantling and removal of disco equipment (up to 90 minutes each side of the booking times). Where appropriate, the hirer will also inform the venue, in advance, of FLYBASE DISCOTHEQUE's requirements. Please note: FLYBASE DISCOTHEQUE shall not be liable for any additional charges levied to the client by the venue in relation to equipment assembly / removal timescales. 5.1 Performance time and ‘over time’ is restricted to a maximum of eight hours in a 24 hour period. Unless already agreed at the time of booking, the hirer agrees to make provision for suitable overnight accommodation to the satisfaction of the performer if time is exceeded. 6 The hirer will ensure that safe and adequate power is available for FLYBASE DISCOTHEQUE's performance (a minimum of 2x2 13a outlets). No liability will be held by FLYBASE DISCOTHEQUE for performance deficiencies arising from poor or inadequate power supply. 6.1 The hirer will ensure that adequate floor space is provided for equipment. A minimum area of 6ftx4ft for the console is required and two areas 2ftx2ft for the speakers. This should be a level and hard standing surface. We reserve the right to refuse to set-up on mobile dance floors, grass, sloping ground and other flooring deemed unsafe by ourselves. 6.2 The hirer must ensure adequate heating and/or cooling of the venue/set-up area with regard to avoiding extremes in temperature. FLYBASE DISCOTHEQUE reserves the right to refuse to set-up and/or perform where the venue/set-up area is excessively cold or hot. 7 The hirer will inform FLYBASE DISCOTHEQUE prior to performance date confirmation of venue sound limiter installation. Please note: FLYBASE DISCOTHEQUE reserve the right to decline entertainment at venues with sound limiter installed. 7.1 The hirer agrees to arrange suitable changing facilities for FLYBASE DISCOTHEQUE as required. 8 The hirer ensures that they have verified venue power sources are electrically safe and conform to the HSE EAW Act 1989, and amendments thereafter. Copies of venue Electrical Installation Safety Certificate (Periodic Inspection Report to NIC EIC standards) must be made available upon request by the venue under LAW. 8.1 FLYBASE DISCOTHEQUE agrees to provide proof of Public Liability Insurance and PAT certifications as required by the venue.
- 2. 9 The contracted hirer is responsible for any taxes and charges made by the venue arising from performance and will indemnify FLYBASE DISCOTHEQUE from such taxes and charges should a claim arise. 10 The hirer agrees to provide adequate supervision of guests and will ensure that venue management adequately supervises customers and or staff on site premises. Please note: Where the function may include guests under the age of 16 years, the client, (or parent) is responsible for the behaviour and safety of any minors attending the venue. The client will provide and maintain adequate adult supervision at all times. FLYBASE DISCOTHEQUE will not be liable for the supervision of minors. 11 Unwarranted Abuse or threatening behaviour from hirer’s guests or venue management or venue staff will not be tolerated and will result in the performance being terminated with no loss to FLYBASE DISCOTHEQUE. 11.1 The hirer agrees that compensation for any loss of or damage to FLYBASE DISCOTHEQUE's equipment, vehicle(s) or personal belongings caused by hirer’s guests, venue customers and or venue staff may be sought including any additional costs. 12 The hirer agrees that the confirmed entertainment start and finish times as specified in the contract are accurate and correct. Any extension beyond the confirmed finish time is at the discretion of FLYBASE DISCOTHEQUE and the management of the venue. See 2.1 for ‘Overtime Charge’. 13 FLYBASE DISCOTHEQUE will accept music lists and requests in advance of functions and will endeavour to play a reasonable number of the clients' chosen requests, provided such requests are submitted in writing before the event. The client also agrees that FLYBASE DISCOTHEQUE cannot guarantee the inclusion of any difficult to source, obsolete or deleted titles either requested at the event or previously notified. 14 Where the client requests that FLYBASE DISCOTHEQUE set up DJ equipment at an earlier time prior to the actual start of the function, the client acknowledges that a tiered charge may be made for this additional service, and that this service will be subject to availability. In addition to any previously agreed charges, if FLYBASE DISCOTHEQUE should arrive at the clients venue at any earlier, pre-arranged time, and are unable to access the venue to set up the equipment or are prevented from doing so by the venue management, then the client shall be charged standing time at the hourly rate to the discretion of FLYBASE DISCOTHEQUE which must be settled in full before commencement of main entertainment. 15 FLYBASE DISCOTHEQUE will not be liable for any refund, in part or whole, where ‘we’ are late accessing the venue and setting up purely because of earlier events over-running, or where ‘we’ are prevented from accessing, setting up or providing our professional services by the venue management. Neither will FLYBASE DISCOTHEQUE be obligated to provide an extension to the agreed timescale on a pro-rata basis in these circumstances. 15.1 Where the venue does not have its own parking facilities, FLYBASE DISCOTHEQUE reserves the right to pass on any additional parking fees for refund by the hirer. Please note: that in accordance with Health and Safety laws, FLYBASE DISCOTHEQUE will refuse to work at venues where illegal or hazardous parking is required in order to unload vehicle. This also applies to general health and safety concerns within the venue such as navigating cluttered or unlit stairways and exits. 16 Where FLYBASE DISCOTHEQUE is engaged to work alongside a band, (or other entertainer) it is the client’s responsibility to ensure that adequate space exists within the venue for both entertainers to set up their equipment and that separate power outlets exist. 16.1 Where other bands or performers are in attendance FLYBASE DISCOTHEQUE accepts no responsibility for providing audio & visual equipment or support (unless previously arranged and specified in the booking agreement) 17 Where the event is being held in a marquee, the hirer will ensure that the work area is dry and that a minimum of 2x2 13A power sockets are located within 10 Metres of this area and the floor surface is level and sufficiently solid (see 6.1 & 6.2) . Please note: Severe Weather or impending severe weather on the day may prevent FLYBASE DISCOTHEQUE from commencing entertainment out-doors. FLYBASE DISCOTHEQUE accepts no responsibility for damage to electrical equipment if caused as a result of working in inappropriate weather conditions. 18 The hirer consents to FLYBASE DISCOTHEQUE taking photographs and video footage of the performance for the purposes of promotion and use on the company website and literature. The hirer will be entitled to copies of such images. Objections must be made prior to the night of the performance. In signing the contract, I agree that I have read the Terms and Conditions of hire and acknowledge booking details contained herein are correct. E. & O.E SIGNED...........................................................PRINT NAME.................................................................. DATE............................................