Terms and conditions of The Midnight Fiddle Band and Laura Benjamin Music

 

These are the terms of The Midnight Fiddle Band and Laura Benjamin Music (“we” or “us”)

 

These terms and conditions apply to you when we provide you with certain services, as detailed in our initial discussion or booking meetings, whether in writing or via verbal agreement. If you do not agree to these terms and conditions, please do not proceed to engage us to provide services to you.

 

Our proposal, together with our terms and conditions, form a legal contract between you and us when you proceed with a booking via any form of written confirmation (agreement via message, email, social media inclusive) or via verbal agreement. In the event of a conflict between our terms and conditions and the written agreement, the written agreement shall prevail.

 

These terms and conditions were last updated in August 2023. We may update them from time to time, so please check back regularly.

 

1. Our Services

 

The services we provide to you are detailed in either verbal or written discussions upon enquiry or during meetings between members of the band and members of your team. We provide you with the services  using all reasonable skill and care, in accordance with industry standards.

 

We provide the services to you based on the performance dates stipulated in verbal or written agreements. Time is not of the essence.

 

2. The Conditions We Require

 

We require certain conditions to be met to be able to provide our services to you. You understand that failure to provide, or provide effectively, these conditions will result in our inability to provide the services. The exact conditions will be discussed during verbal or written conversation before we provide our services. They include access to adequate space, access to safe and reliable power sources, provision of refreshments, shelter from extreme weather, protection from physical or verbal abuse. Should conditions not be met, we reserve the right to terminate the provision of our services with full payment remaining payable. In particular, when any members of The Midnight Fiddle Band or Laura Benjamin Music are physically intimidated or abused, we require immediate rectification of the circumstances, or the services will cease to be provided at our discretion. 

 

3. Your Responsibilties

 

You are required to honour any agreements made verbally or in writing via social media, message or email, which includes confirmation of performances, discussions of payment and provision of refreshments. Failure to honour confirmations of performances result in the application of the cancellation policy detailed in section 4. Failure to adhere to the conditions required in section 2. will result in application of the termination policy detailed in section 5.

 

4. Cancellation Policy

 

Our agreement commences on the date of the initial contact between us and a representative of your company, and will automatically expire when no further services have been agreed within a 12 month period and all payments have been made.

 

Cancellation of performances within 2 weeks requires full payment as agreed verbally or in writing. Cancellation of performances within 4 weeks requires payment of 50% of the total agreed amount. Cancellations of performances within 12 weeks require payment of 25% of the total agreed amount. Cancellations made further in advance than 12 weeks do not require payment of cancellation fees.  We are insured personally in respect of legal liability that may arise under our Musicians Union Membership up to £10 million. 

 

5. Termination Policy

 

We reserve the right to terminate the provision of any and all services to your company if circumstances cause us to believe we are unsafe, uninsured, or at risk in any way. If you have not met conditions that are reasonably expected along with our detailed required conditions, we are entitled to terminate all services using our own discretion.  Your payment will still be required. 

 

6. Liability

 

Our liability under these terms and conditions is limited to the total price you have paid for the services from the date of verbal or written agreement until the date a claim is made.

 

We are not liable for indirect, special or consequential loss, including loss of profit, loss of opportunity or loss of goodwill.

 

Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by negligence or fraudulent misrepresentation. 

 

Where an event outside our control occurs, this is known as a “Force Majeure Event”. This includes, but is not limited to, storm, fire, earthquake, an Act of God, a natural disaster, a failure of electricity or power supplies, epidemic, pandemic, government rules, regulations or guidance, or a failure of a third party supplier to do as they are contracted to do. Where a Force Majeure Event occurs, we are excused from performance under these terms and conditions, and are not liable for failure to perform. We will do our best to continue providing Services as soon as we can after the Force Majeure Event has ceased.

 

7. General

 

No third parties have any rights under these terms and conditions, and the Contracts (Rights of Third Parties) Act 1999 is expressly excluded. These terms and conditions are not capable of being assigned or transferred by you. If either party wishes to send a notice to the other, it shall be sent to the email address last communicated to the other party. Time of delivery shall be the time of transmission. This shall not apply to the service of legal proceedings. The Agreement shall be the entire agreement between you and us. We process your personal data in accordance with the UK Data Protection Act 2018 and our privacy policy (which is available on request). These terms and conditions, and any non-contractual obligations arising hereunder, are governed and construed in accordance with English law, and the English courts have exclusive jurisdiction to deal with any dispute arising hereunder. If you have any questions about our Terms and Conditions, please submit them via email to hello@laurabenjamin.co.uk