TERMS AND CONDITIONS
Please read the terms and conditions carefully as they form a legally binding contract.
These terms and conditions form the entire contract between you and Habit Productions Limited.
Booking Terms and Conditions Definitions and Interpretation
“the Contract” – the Booking Confirmation Email and these terms and conditions.
“us” – Habit Productions Limited trading as earcandy whose registered office is 10 Landport
Terrace, Portsmouth, Hampshire, PO1 2RG acting for and on behalf of Habit Productions Ltd. “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 Form.
“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 Artiste” – 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 still 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 into 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 & conditions that apply to the both the contract that you enter into with us and the contract that you enter into 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 the Booking Confirmation Email states otherwise.
The Booking Fee (Outlined in the booking confirmation as the 1st payment) will be due to us within 14 days of us 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 Booking Confirmation Email. If you have hired this equipment then the hire charge will be due a minimum of 3 months prior to the date of the Engagement (Outlined in the booking confirmation as the 2nd payment). The hire charge is non-refundable in any event. If you do not pay us 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) and any Hire Charge (2nd payment) with the Booking Confirmation Email and you can make payments to us by credit /debit card, bank transfer or cheque. Credit/debit card payments may incur an additional transaction fee.
The Act Fee (Outlined in the booking confirmation as the 3rd/Final payment) will be due to the Act Owner either 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.
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.
Unless you otherwise agree in writing with us, you have agreed to be responsible for all matters in connection with the Venue and as set out below.
You will be responsible for ensuring:
The Venue is able to provide a safe and appropriate working environment for the Artiste.
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 Artiste’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.
That suitable dressing room facilities are available which are not toilets.
The Venue is appropriate for the setting up and loading in equipment. Parking must available 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 artiste reserves the right to charge the client reasonable additional fees towards extra personnel required.
Providing all personnel with a hot meal and unlimited soft drinks including water.
Free parking is available for the duration of the Engagement. You will be liable for any parking charges.
Adequate supervision and/or security is provided at all times. In the event of unruly or threatening behaviour from any person, the personnel are 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 earcandy AV, its agents, subcontractors or the Artistes, which has been caused by anybody at the Engagement other than the foresaid.
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 all personnel 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 personnel 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 and will hold a minimum of £5,000,000 Public Liability Insurance and all appropriate PAT certificates for any electrical equipment brought to the Venue.
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 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.
You acknowledge that Engagement has been booked for a specific date 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 and the Act is unavailable on the new date.
Cancellation 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, both we 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 an act fee if we or the Act Owner, acting reasonably, are able to secure a replacement booking.
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 24 hours 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.
In the event that you wish to make a complaint, as a condition precedent to any compensation claim, you must put the complaint in writing to us within 48 hours of the Engagement taking place. Whilst we are not responsible for any non-fulfillment of the Contract that you enter into 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.