Entertainment Agency | Wedding Bands | Live Bands | Function Bands

FD Entertainments

Providing Professional Function Bands for All Events

Client Terms and Conditions

Part A Background:

This Agreement, including the Front Sheet, sets out the terms on which:

FD Entertainments Limited agrees to provide booking services to You and act as agent for the Entertainment
the Entertainment agrees to provide the Performance for You; and
You agree to pay:
1. FD Entertainments Limited for booking and agency services; and
2. the Entertainment for its Performance.

Part B Defined terms:

In this Agreement the following terms have the following meanings:

“Agreement” means the terms set out in parts A, B and C of these terms and conditions and the Front Sheet;
“Client” / “You” / “Your” means the Client referred to on the Front Sheet;
“Entertainment” / “Band” means the band or other provider of entertainment services described on the Front Sheet;
“FD Entertainments” / “FDE” / “Us” / “We” means FD Entertainments Limited (Registered Company Number 06488947), Registered Office Address 102A Church Road, Redfield, Bristol, BS5 9LE;
“Front Sheet” means the front sheet of this Agreement setting out your booking details; and
“Performance” means the performance of entertainment services described on the Front Sheet

Part C Terms and conditions:

1 Relationship between You, FDE and the Entertainment

FD Entertainments acts as a booking agency.
This means that:
1. the services provided by FDE to You under this Agreement are booking services only (the administration of the booking); and
2. your Agreement for the provision of the Performance is with the Entertainment and not with FD Entertainments Limited.
By signing and returning this Agreement:
1. FD Entertainments agrees to arrange and administer a booking between You and the Entertainment and otherwise comply with the terms of this Agreement;
2. the Entertainment agrees to provide You with the Performance on the dates and at the times detailed on the Front Sheet and otherwise comply with the terms of this Agreement; and
3. You agree to pay the fees and otherwise comply with the other terms set out in this Agreement.

2 Booking process

When You contact FDE to make a booking We will provisionally book the Entertainment for the dates We agree with You and We will send You these terms and conditions.
The provisional booking will remain in place for 7 days from the date We agree the provisional booking or, where the performance is scheduled to take place less than 7 days from the time when the provisional booking is agreed, such shorter period as We may agree.
For the duration of the provisional booking FDE will not accept a booking of the Entertainment from another customer on the relevant dates and, from the date of the provisional booking, You agree not to contact the Entertainment or attempt to book the Entertainment without involving FDE.
If You sign and return this Agreement to Us within the 7 day period Your provisional booking will be effective as a full booking and this Agreement will come into force. Until this time the Entertainment is not contracted to provide the Performance.
If We do not receive Your signed Agreement within the 7 day period (or such shorter period as We may agree) We may treat the Provisional Booking as cancelled by You. Any signed copy of the Agreement sent to Us after this period may be accepted at Our discretion but We will not be obliged to do so.
Once the Agreement is effective You may contact the Entertainment directly to make practical arrangements provided You adhere to any restrictions set out on the Front Sheet. If You agree amendments to this Agreement with the Entertainment You must notify FDE as soon as possible.
You agree not to contact the Entertainment for additional bookings, or pass the contact details of the Entertainment to any third party for additional bookings, until the expiry of 12 months following the Performance.

3 Fees and other payments

FD Entertainment Limited’s Fees
- You agree to pay FDE the deposit stated on the Front Sheet at the time that You send Us Your signed version of the Agreement.
- Except where FDE is in breach of its obligations under this Agreement, or as otherwise set out in this Agreement, the deposit is non-refundable.
The Entertainment’s Fees
- You agree to pay the Entertainment the balance of the amount stated on the Front Sheet of the Agreement on the day of the event in cash or, where the Entertainment agrees, by cheque.
- If You would prefer to pay by cheque but the Entertainment will not agree to this then We may at our discretion accept a cheque two weeks prior to the date of the Performance. In this case We will pay the Entertainment on Your behalf.
Late Payment
- If You do not pay the amounts due under this Clause 4 on time We shall be entitled, but not obliged, to treat the booking as cancelled by You and the cancellation charges set out Clause 6(a) below will apply. We will notify You if we elect to treat the booking as cancelled using the telephone number or address You provide to Us.
- If You agree to pay additional costs such as accommodation You must pay these costs when agreed or, where no date is agreed, within 28 days of the Performance.
- If FDE or the Entertainment incurs additional costs as a result of Your failure to pay on time We may charge You for these costs.

4 The venue

You agree to:
1. ensure that the venue for the Performance is safe and suitable for the Performance;
2. provide a safe source of power that is appropriate to the Performance;
3. ensure that appropriate licences are in place at the venue for the Performance to legally take place and that no noise limiters are required or stipulated in any licence or are in place at the venue. If any noise limiters are in place at the venue You must notify FDE as early as possible in advance of the Event.
4. provide appropriate parking facilities for the Entertainment on site and pay all costs and charges incurred by the Entertainment in using such facilities, or where no such facilities are made available, all costs and charges incurred by the Entertainment in relation to any services it procures;
5. provide adequate refreshments to include an unlimited supply of mineral water and / or soft drinks and a hot meal for all members of the Entertainment and its party;
6. provide a safe, secure lockable environment for the Entertainment to change and store equipment with a safe source of power; and
7. ensure that the Entertainment is not subjected to unsafe or abusive behaviour;
8. ensure that any equipment provided for use by the Entertainment, other than the Equipment which the Entertainment provides, is fully PAT tested and certified; and
9. ensure that no person is permitted to use the Entertainment’s equipment other than the Entertainment.
If You fail to provide a suitable environment for the Performance and as a result the Entertainment reasonably chooses, or is required, to not perform then You will remain liable for all Fees and costs due for the Performance under this Agreement and any cost or damages incurred by the Entertainment and / or FDE.

5 The Performance

The Entertainment agrees to:
1. perform on the dates and at the venue detailed on the Front Sheet in the manner in which it has represented itself via promotional material;
2. provide relevant equipment to carry out the Performance (unless otherwise agreed) and ensure that all such equipment is fully PAT certified;
3. procure public liability insurance at an appropriate level for its benefit;
4. dress appropriately as agreed between the Client and Entertainment; and
5. behave in a polite and courteous manner at the venue on the date of the Performance.
You agree that the Entertainment may substitute some or all of its members for ‘Dep performers’ where necessary.

6 Cancellations and cancellation charges

If the Entertainment notifies You that it intends to cancel the Performance or if You wish to cancel the Performance You must notify Us as soon as possible using the contact details we provide to you and which are set out on the Front Sheet of this Agreement.
1. Cancellations by You
  - Except as provided in Clause 7 below (Uncontrollable Events) You are not permitted to cancel the Performance except with FDE’s permission.
  - If You do cancel a Performance the deposit will not be refunded and You will be liable for the following proportions of the Fee:
    - 100% of the Fee if You cancel 4 weeks or less before the date of the Performance;
    - 75% of the Fee is You cancel between 4 weeks and 16 weeks before the date of the Performance;
    - 50% of the Fee if You cancel between 16 weeks and 32 weeks before the date of the Performance; and
    - 25% of the Fee if You cancel 32 weeks or more before the date of the Performance.
2. Cancellations by Us or the Entertainment
  - Except as provided in Clause 7 below (Uncontrollable Events) We, and the Entertainment, are not permitted to cancel the Performance except with Your permission.
  - If We or the Entertainment cancels the Performance We will refund Your deposit and You will not be liable for the Fee or any cancellation charges in relation to the Entertainment. We will then try to offer You suitable alternative entertainment.
  - If You accept an alternative entertainment then:
    1. You must pay the relevant fees and deposit for the alternative entertainment less any amount already paid by You to Us in relation to the cancelled Entertainment; and
    2. You agree that the provision of such replacement Entertainment is an appropriate and full and final settlement for the cancellation.
    3. Cancellations by Agreement
  - If You and the Entertainment and / or You and FDE agree to cancel a Performance then unless otherwise agreed by FDE the deposit will not be refunded.

7 Uncontrollable Events

Very occasionally Performances must be cancelled or replaced because of circumstances that are beyond Your, Our or the Entertainment’s reasonable control. For example, occasionally key performers may fall ill or You may be forced to cancel an Event.
We, You and the Entertainment are permitted to cancel Performances for reasons beyond our reasonable control and We, You and the Entertainment will not be liable as a result of such cancellation.
Where We or the Entertainment cancel the Performance because of circumstances beyond Our, or the Entertainment’s, reasonable control We will:
1. notify You as soon as we reasonably can using the contact information You have supplied on the Front Sheet; and
2. offer You a complete refund of any money paid for the Performance including the deposit.
  In these circumstances and where appropriate we will try to offer You a suitable alternative bearing in mind the fees and costs associated with the Entertainment You originally booked.
  - If You accept an alternative Entertainment then You must pay the relevant fees or deposit for the Entertainment less any amount already paid by You to Us in relation to the cancelled Entertainment.
  - Where You cancel because of events beyond Your reasonable control You must notify Us as soon as You reasonably can. Where events are genuinely beyond Your reasonable control We will attempt to re-book the Entertainment on the date of the Performance. If we are unsuccessful in re-booking the Entertainment We will retain the deposit and any other sums paid by You to Us.

8 Disputes

If there is a dispute between You and the Entertainment then We will try to resolve the dispute on behalf of both parties.
If the Entertainment is at fault We will provide as much information and assistance as we reasonably can and, where appropriate, we will try to arrange a suitable replacement for You or provide a partial or total refund as appropriate. However, Your Agreement for the provision of the Performance is with the Entertainment and not with FDE.
This Agreement is subject to English law and the exclusive jurisdiction of the UK courts.