Terms & Conditions
Please read these terms and conditions carefully as they form a legally binding contract.
These terms and conditions form the entire contract between you and Earcandy Entertainment Limited (Trading as Earcandy).
Booking Terms and Conditions Definitions and Interpretation
“the Contract” – the Booking Confirmation Email and these terms and conditions.
“us” – Earcandy Entertainment Limited trading as Earcandy whose registered office is Unit C Anchor House School Lane, Chandler’s Ford, Eastleigh, England, SO53 4DY.
“you”– the person as we reasonably believe to have purported to have made the Booking and as stated as being the Client on the Booking Confirmation Email.
“the Booking” – the arrangements for the Engagement initially agreed between you and us that we will pass on to the Act Owner.
“the Act” – the Artistes and other personnel who are to perform at the Engagement.
“the Act Owner” – the person named as such in the Booking Confirmation Email.
“the Act Fee” – the cost of the Engagement to you, which does not include either the Booking Fee or any hire charge but does include all other reasonable expenses which may be set out in the Booking Confirmation Email.
“the Artistes” – the musicians who play at the Engagement.
“the Venue” – the performance venue named in the Booking Confirmation Email.
“the Engagement” – the performance engagement detailed in the Booking Confirmation Email.
“a force majeure event” – any extraordinary event or extraordinary circumstance beyond either your control or the Act Owner’s control which includes Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation and government sanction.
“the Booking Confirmation Email” – the email that we send to you that sets out details relating to your booking.
These terms and conditions form the entire contract between you and us.
If any term of this Contract is held by any court to be invalid or unenforceable, the remainder of its terms shall remain in force.
Where appropriate, words importing the masculine shall also include the feminine and the singular number shall also include the plural and vice versa.
Confirming your Booking
Once we reasonably believe you wish to proceed with the booking, either by what you have verbally confirmed to us or what you have put in writing to us, and we have obtained certain details from you regarding the booking, we will send to you the Booking Confirmation Email.
As soon as we send to you the Booking Confirmation Email, you will be deemed to have entered two separate contracts. One contract will be between you and us and the other between you and the Act Owner. You will also be deemed to have agreed to these terms and conditions that apply to both the contract that you enter with us and the contract that you enter with the Act Owner.
The contract between you and us will relate solely to us administering your Booking and, if applicable, the hire of certain equipment for the Engagement.
The contract between you and the Act Owner relates to the performance at the Engagement.
Payment of the Booking Fee, any Hire Charge and the Act Fee
All fees will be set out in the Booking Confirmation Email and are inclusive of VAT where applicable unless we have confirmed otherwise.
The Booking Fee (Outlined in the booking confirmation as the 1st payment) will be due to us immediately upon sending to you the Booking Confirmation Email. The Booking Fee is non-refundable in any event.
If you have hired certain equipment for the engagement, then this will be clearly set out in the quote and package that you have accepted when accepting the Booking. If you have hired this equipment, then the hire charge will be due a minimum of one month after the date that the booking was made (Outlined as the 2nd payment). This hire charge will be paid directly to our AV suppliers K&B Productions Limited, company number 12380275 and registered offices Anchor House School Lane, Chandler’s Ford, Eastleigh, England, SO53 4DY. The equipment that is hired is based on what is adequate for the majority of events, and if you request any amendments to this equipment, you will be liable for any extra charges, which will be agreed between you and K&B Productions Limited.
The hire charge is non-refundable unless you cancel 3 months or more before the date of your event. If you do not pay K&B Productions Limited, the hire charge by the due date you will be deemed to have cancelled the Engagement.
We will send to you an invoice of the Booking Fee (1st payment) with the Booking Confirmation Email and you can make payments to us by credit/debit card or bank transfer.
We will send you an invoice of any Hire Charge (2nd payment) prior to it being due, and you can also pay this by credit/debit card or bank transfer.
The Act Fee (Outlined in the booking confirmation as the 3rd/Final payment) will be due to the Act Owner by bank transfer a minimum of 14 days prior to the date of the Engagement or in cash on the day of the Engagement prior to the first performance. An invoice will be available from the Act Owner on request and can be requested via your online Client Portal.
For the avoidance of any doubt, we have no obligation or liability under the contract that you have with us other than to administer your booking and pass the Booking onto the Act Owner in a timely manner. In addition, we have no liability or responsibility for anything done, or not done by either the Act or the Act Owner.
We have agreed with the Act Owner that we will carry out certain event coordination activities on their behalf but this will attract no obligation or liability that we have with you under the contract that you have with us.
Unless we otherwise agree in writing with you, you have agreed to be responsible for all matters as set out below.
You will be responsible for ensuring:
- The Venue can provide a safe and appropriate working environment for the Act
• A suitable electrical supply meeting or exceeding British Standards is provided within five meters of the performance area.
• The Venue must be capable of accommodating the Act’s performance in all respects, including possessing appropriate licenses. If non-performance results due to the Venue’s restrictions, you will still be liable for the Act Fee.
• The Venue is appropriate for the setting up and loading in equipment. Parking or a safe unloading area must be available to the Act within 50 metres of the performance area for unloading purposes. If personnel are required to climb more than 10 steps whilst unloading the client must ensure there is a lift available or the Act reserves the right to charge the client reasonable additional fees towards extra personnel that may be required.
• If personnel are required to be on site after 5pm, providing all personnel with a hot meal suitable to fill an adult and unlimited drinking water.
• Either free parking is available for the duration of the Engagement for the entire Act, or you will be liable for any parking charges.
• Adequate supervision and/or security is provided for the duration of time the Act is booked to be at the venue. In the event of unruly or threatening behaviour from any person, the Act is entitled to cease the performance and you will still be liable for the Act Fee in full.
You will be liable for any damage to any of the equipment provided for the Engagement by K&B Productions Limited, its agents, subcontractors or the Artistes, which has been caused by anybody at the Engagement other than the aforesaid.
The Act Owner’s Responsibilities
The musicians that we feature on our web site perform to a good professional standard and the Act Owner is responsible for ensuring that the Artistes booked, perform the Engagement to a similar standard and act politely and be suitably dressed during their performance.
The Act Owner does not guarantee the presence of any specific Artiste for the Engagement unless we have specifically referred to them in the Booking Confirmation Email.
The Act Owner will provide all equipment suitable for the Engagement, other than that provided by K&B Productions Limited and will hold a minimum of £5,000,000 Public Liability Insurance and all appropriate PAT certificates for any electrical equipment that the Act Owner brings to the Venue.
Whilst the Act Owner will take all reasonable efforts to ensure that all personnel arrive before their scheduled arrival time, unless their performance time is delayed consequently, no compensation will be due to you if the Act arrives late.
Changes to the Performance and Engagement Date
The Act Owner will take all reasonable measures to ensure that the performance at the Engagement runs to any agreed schedule. If on the day of the Engagement, you want to make changes to the performance then this will need to be agreed with the Act Owner who may charge you an additional fee if their total duration of performance agreed is exceeded, or if they are required to be on site later or for longer than the time frame agreed.
If at the Engagement, the Act Owner/Act is requested by you/somebody who the Act Owner/Act reasonably believes has your authority, to change the agreed schedule/performance the Act will act reasonably to accommodate the request but in any event the Act Fee will not be reduced as a consequence but may be increased if reasonable in the circumstances.
You acknowledge that the Engagement has been booked for a specific date and Venue as stated on the Booking Confirmation Email. You will be deemed to have cancelled the Engagement if you require a change to the Engagement Date or Venue and the Act Owner cannot accommodate this change.
If you require the date or venue of your Engagement to be changed to a date or venue that the Act Owner can accommodate, we will charge a £75 administrative fee to process a new booking for that changed date.
Cancellation of the Engagement
If you wish to cancel the Engagement you must give us written notice.
If you cancel the Engagement once we have sent to you the Booking Confirmation Email, K&B Productions Limited and the Act Owner will be entitled to charge you a cancellation fee unless you cancel due to a Force Majeure event.
If you have not paid, or have made no attempt to pay the Booking Fee within 14 days of us sending to you the Booking Confirmation Email, you will be deemed to have cancelled the Engagement and we will be entitled to charge you a cancellation charge, which is in addition to the Booking Fee, amounting to 15% plus VAT of the Booking Fee. We will also be entitled to pass the matter onto a third-party debt collection agency to recover both the Booking Fee and the cancellation charge.
In addition to the above, the Act Owner will be entitled to charge you a cancellation charge amounting to:
- If you cancel the Booking over 56 days before the Engagement – nil
- If you cancel the Booking up to 56 days before the Engagement – 50% of the Act Fee
- If you cancel the Booking up to 28 days before the Engagement – 75% of the Act Fee
- If you cancel the Booking up to 14 days before the Engagement – 100% of the Act Fee
The above cancellation charges by the Act Owner will be reduced by the amount that the Act Owner is able to recover by way of any other engagement they are able to secure acting reasonably.
All cancellation fees will be due for payment within 14 days of the Engagement being cancelled.
Cancellation because of Force Majeure
If a Force Majeure event occurs, then either you or the Act Owner are entitled to cancel the Engagement providing you give us written notice (if you cancel) or we give you written notice (if the Act Owner cancels) within 1 working day of the event first occurring. If the Engagement is cancelled due to a Force Majeure event, then both you and the Act Owner have no further liability or obligation under the contract between you and the Act Owner.
If you wish to make a complaint, as a condition precedent to any compensation claim, you must put the complaint in writing to us within 3 working days of the Engagement taking place.
Whilst we are not responsible for any non-fulfilment of the Contract that you enter with the Act Owner we will, in the first instance, attempt to mediate in good faith with the intention of reaching a satisfactory outcome to your complaint. If we cannot settle the dispute to the mutual satisfaction of both you and the Act Owner, both parties shall be entitled to take further legal advice and pursue any other course of action.
Re-engagement of the Act
You agree to negotiate all future bookings of the Act with us and not with the Act Owner directly.
The Act Owner agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of Earcandy Entertainment Limited to the Client, their guests, staff, venue or contractors.
If the Act Owner is approached by the Client or a guest, or employee of the Client, the Venue or an employee of the Venue and/or agent then the Act Owner shall notify the Agent immediately and account to us an amount equivalent to the Deposit that would have been payable had the booking been made with the Earcandy Entertainment Limited.
Photography & Filming
The Act Owner grants you the right to take photographs and video of the Act’s performance at this event, for personal use only, or for the purpose of documenting the event. You shall not be permitted to use any photos or video of the Act’s performance for any commercial purpose without the prior written consent of both the Act Owner and us.
You consent for us and the Act Owner to take photographs and video footage at the event which may be used for promotional purposes, unless you have explicitly asked us not to in writing. If you request in writing that we remove any photographs and/or video footage that has been taken by us or the Act Owner at the Engagement and placed in public view then they will remove it soon as is reasonably practicable.