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Terms & Conditions

Criteria

Please Note:
Once a booking has been confirmed VERBALLY, ELECTRONICALLY or in WRITING, the details will be subject to a legally binding contract consisting of the ‘Booking Contract’ and the following ‘Terms and Conditions’. Therefore, the completion of the ‘Booking Contract’ confirms the details of the booking and does not in itself secure the engagement as this has already occurred. Consequently, non-return or non- completion of the ‘Booking Contract’ does not terminate the agreement.

Clause 1: Definition
The following definitions refer to the attached ‘Booking Contract’ and these ‘Terms and Conditions’. Warble Entertainment, is the ‘agent’, and acts as negotiator between the ‘client’ and ‘artist’. Therefore, the ‘agent’ acts as an employment agency and is not a party to the resulting ‘Booking Contract’ itself. Therefore, the ‘agent’ does not accept responsibility for non-fulfillment or breach of any such contract.

Clause 2: The Booking Process
Once the booking has been confirmed with the ‘client’ and ‘artist’, the ‘agent’ issues the ‘client’ a ‘Booking Contract’ for signature. This should be checked, signed and returned to the ‘agent’ within 7 days. Similarly, the ‘artist’ shall then also be issued a ‘Booking Contract’ for signature and return within 7 days. Upon receipt, both copies shall be filed by the ‘agent’.

The ‘Booking Contract’ may be modified by agreement from all parties concerned (in particular the ‘client’ and ‘artist’). However, all alterations should be notified to the ‘agent’ who will continue to act as negotiator in advance of the event. Where necessary the ‘Booking Contract’ may be reissued.

Clause 3: Payment of Booking Fees
The booking deposit (non-refundable) and ‘Booking Contract’ for signature are due within 7 days of issue and unless specified otherwise in the ‘Booking Contract’, the remaining balance should be paid to the ‘artist’ on the day of the event preferably in cash, but also by cheque (at the discretion of the ‘artist’).

If the ‘artist’ is not happy to accept a cheque on the day of the event itself the client must pay the balance of the booking fees to the ‘agent’ 2 weeks prior to the event. The ‘agent’ will then release the payment to the ‘artist’ on the first working day after the event (providing an invoice has been received from the ‘artist’).

If a payment due to the ‘artist’ has not been received in the specified 2 weeks prior to the event, the ‘artist’ may terminate the ‘Booking Contract’ without penalty. Additionally, the ‘client’ remains liable for cancellation fees as outlined in ‘Clause 8: Cancellations’ of these 'Terms and Conditions'.

If the booking deposit has not been received within the allotted time (7 days) this may be perceived as a breach of contract and free the ‘artist’ from contractual ties. However, the ‘client’ will still be accountable to ‘Clause 8: Cancellations’.

Failure to pay the ‘artist’ the remaining balance within the terms agreed in the ‘Booking Contract’ will automatically result in a late payment administration fee of £25 being charged to the ‘client’. This payment will be added to the outstanding balance and should be paid to the ‘artist’ within 7 days. For every 7 days thereafter, and to a maximum of 14 days, a further £25 shall be added to the outstanding amount. Please note, when a cheque paid to the ‘artist’ on the day of the event does not clear (i.e. it ‘bounces’), these charges shall also become applicable and payable by the ‘client’, plus, any costs incurred by the ‘artists’ bank for handling and administration.

Where the outstanding balance has not been paid within 14 days, the amount may be sought via legal processes or referred to a debt recovery agency by the ‘artist’. Unless previously agreed, the ‘agent’ is not responsible for the collection of booking fees due to the ‘artist’.

Clause 4: Expenses
If the ‘client’ has agreed to cover additional costs, such as accommodation (these costs would be specifically outlined in the ‘Booking Contract’), they must be paid to the ‘artist’ within 28 days of the event. This is provided receipts and invoices have been forwarded to the ‘client’ by the ‘artist’ in reasonable time.

Clause 5: Client Responsibilities
The ‘client’ must ensure that the performance venue is able to provide a safe source of power (for non-acoustic acts), a safe performance area, and that they can accommodate the performance of the ‘artist’ by possessing appropriate licenses and no inhibiting noise limiters. If non-performance results due to venue restrictions, the ‘client’ will still be liable for cancellation fees as outlined in ‘Clause 8: Cancellations’.

The ‘client’ should ensure these requirements are investigated prior to the confirmation of any booking and any relevant information disclosed to the ‘agent’.

Furthermore, it is also the responsibility of the ‘client’ to ensure that the ‘artist’ is provided with sufficient parking facilities at the performance venue for all vehicles associated with their act. If no legal parking is available at the venue, rendering the ‘artist’ incapable of unloading, or after unloading the ‘artist’ is unable to secure legal parking within a ½ mile radius of the venue, the ‘client’ agrees to pay for any parking expenses thereby incurred. However, the ‘artist’ must make all reasonable attempts to find legal parking if possible. Any charges should be paid by the ‘client’ to the ‘artist’ on the day of the event, in addition to the outstanding balance.

It is also the ‘clients’ duty to ensure that the ‘artist’ is provided with adequate refreshments throughout their stay at the performance venue. The minimum that must be made available is a free unlimited supply of mineral water and soft drinks and a hot meal or buffet for all members of the act and their party. Whilst the hot meal or buffet is negotiable for events of 3 hours duration or less, mineral water and soft drinks should always be provided.

The ‘client’ must also ensure that there is an adequate area for the ‘artist’ to change in and store equipment and / or instrument cases. The area should preferably be lockable and include chairs for the entire party and a safe source of power.

Unless given express permission, ‘artist’ equipment and instruments are not available for use by any other person.

If an ‘artist’ is subjected to aggressive or abusive behavior and the ‘client’ does not remove the perpetrator the ‘artist’ shall be allowed to terminate their performance without penalty. The ‘client’ will still be liable for cancellation fees as outlined in ‘Clause 8: Cancellations’ of these Terms and Conditions.

Provisions outlined in this section (‘Clause 5: Client Responsibilities’) are negotiable between the ‘client’ and ‘artist’ via the ‘agent’, but any modifications should be written into the ‘Booking Contract’ specifically.

The provisions contained within this clause (‘Clause 5: Client Responsibilities’) must be provided by the ‘client’ at their own expense and if not supplied may be considered a breach of contract.

Clause 6: Artist Responsibilities
The ‘artist’ will perform for the ‘client’ to their highest standard and in the manner in which they have represented themselves to the ‘agent’ via promotional material.

Unless specifically outlined in the ‘Booking Contract’, the ‘artist’ should provide the relevant equipment in order to carry out the performance. The ‘artist’ is responsible for the good working order and safety of their own equipment. This should be reflected by acts utilising electrical equipment having it P.A.T. tested annually. In addition, the ‘artist’ should undertake Public Liability Insurance (to a minimum of £1,000,000 cover). The ‘artist’ is fully responsible for these matters.

The fee outlined in the ‘Booking Contract’ and provided to the ‘agent’ by the ‘artist’ is fully inclusive and not subject to change. In addition, the ‘artist’ is not employed by the ‘agent’ and is therefore responsible for their own accounting and legal contributions.

The ‘artist’ shall not drink alcohol excessively before, during or after their performance. In addition, the ‘artist’ will not use illegal drugs on the day of the event or at the venue itself in any capacity. The ‘artist’ should be aptly attired for their performance in line with agreements made with the ‘client’ prior to the event, and they should remain courteous with the ‘client’, guests and employees of the venue. The ‘artist’ will not act in any manner that is deemed damaging to the reputation of themselves, the ‘agent’, or the ‘client’.

The ‘artist’ must contact the ‘client’ directly before the event in accordance with the time-frame detailed in the ‘Booking Contract’. This contact should be used to confirm the details in the ‘Booking Contract’ and finalise any minor details (such as parking, payment or invoice matters).

It is the responsibility of the ‘artist’ to ensure that upon signing the ‘Booking Contract’ they are under no obligation to another party in a manner that may interfere with this booking.

Clause 7: Complaints
In the event of a dispute or complaint from either party, the issue must be put in writing and forwarded to the ‘agent’ within 28 days. The ‘agent’ will then mediate with the intention of reaching a satisfactory outcome. If the matter cannot be resolved, or an agreement reached, then the ‘client’ and ‘artist’ should seek legal advice. The ‘agent’ is not responsible for the ‘client’ or ‘artist’ and their failures but will attempt to settle all disputes swiftly and satisfactorily.

Complaints arising from arrangements made between the ‘client’ and the ‘artist’ but without consultation of the ‘agent’ should be settled between the ‘client’ and the ‘artist’ exclusively.

Clause 8: Cancellations
Cancellation by either party is not allowed except where ‘Clause 11: Force Majeure’ applies or where the ‘client’ and ‘artist’ mutually agree to cancel the booking (this must be provided in writing by both parties to the ‘agent’). In either event forfeiture of the booking deposit will result.

Both parties agree that in the event of a cancellation the ‘agent’ must be informed immediately.

Where an ‘artist’ cancels, the ‘agent’ will inform the ‘client’ without delay and begin the process of sourcing a suitable alternative. This work is undertaken at no additional cost to the ‘client’. Whilst rare, on occasion an alternate act may not be available. In this instance the ‘agent’ will refund all payments made by the ‘client’. Where time allows and the ‘client’ has agreed on an alternate act, the ‘Booking Contract’ shall be re-issued to reflect this. Where time does not allow (for example, on the day of the event itself) and the ‘client’ is not prepared to accept the substitute ‘artist’ they must not allow performance, or the full booking fee must be paid to the ‘artist’.

If the ‘artist’ has cancelled for reasons not encompassed in ‘Clause 11: Force Majeure’, the ‘client’ may pursue legal action. In this instance, the ‘artist’ must also pay the ‘agent’ the equivalent of the ‘clients’ booking deposit within 7 days. Additionally, the ‘artist’ must also reimburse the ‘client’ for cost differences between the fee for their performance and any substitute ‘artist’ arranged by the ‘agent’. Where the substitute ‘artist’ fee is the same as the original ‘artist’ fee no booking deposit will be refunded and no fee charged by the ‘agent’ to the ‘artist’.

Where the ‘client’ has cancelled the booking, the ‘agent’ agrees to inform the ‘artist’ without delay. If the ‘client’ has cancelled for reasons other than those outlined in ‘Clause 11: Force Majeure’ cancellation fees shall apply and are based on the following:

- Where cancellation is made within 48 hours of confirmation no cancellation fee is applicable.
- Where cancellation is made after 48 hours of confirmation but 90 days or more from the event 50% of the booking fee is applicable. However, should the event be over 12 months away, cancellation shall only incur the loss of the booking deposit and no fees will be due to the ‘artist’ as 12 months is deemed a suitable amount of time to find an alternate booking.
- Where cancellation occurs within 90 days and up to 61 days of the event 75% of the booking fee will be applicable.
- Where cancellation occurs within 60 days of the event, 100% of the booking fee will be applicable.

All ‘client’ cancellation fees must be paid to the ‘agent’ within 14 days.

Any outstanding payment owed to the ‘agent’ will be referred to the recovery company ‘Daniels Silverman’ and will be subject to a surcharge (15% plus VAT) to cover any collection costs incurred. This surcharge together with all other charges and legal fees will be the responsibility of the defaulting party and will be legally enforceable. In addition, at the request of the ‘artist’ the ‘agent’ may refer any outstanding cancellation charges to the recovery company on their behalf also.

Clause 9: Performance Schedule Changes
Where it is not possible to amend the contract prior to the event (for example on the day itself), changes should be agreed between the ‘artist’ and the ‘client’.

If an ‘artist’ has been asked and agrees to perform later than the agreed finish time specified in the ‘Booking Contract’ a satisfactory additional surcharge should be agreed between both parties. Ideally, an independent third party should witness the discussion and the amount agreed upon. The extra payment agreed should be paid to the ‘artist’ on the day of the event.

If the timings of the event are overrunning due to no fault of the 'artist', the ‘artist’ is under no obligation to finish later than the time specified in the ‘Booking Contract’ and is still due full payment.

If an ‘artist’ has been asked and agrees to perform for longer than the time outlined in the ‘Booking Contract’ (i.e. extend a 45 minute performance to 60 minutes), a satisfactory additional surcharge should be agreed between both parties. Ideally, an independent third party should witness the discussion and the amount agreed upon. The extra payment agreed should be paid to the ‘artist’ on the day of the event. However, the ‘artist’ is under no obligation to extend their performance should they not wish to.

Clause 10: Use of Alternative (‘Deputy’ or ‘Dep’) Performers
Wherever possible the ‘artist’ should utilise the line-up as represented to the ‘agent’ and ‘client’, unless the need arises to substitute a performer due to unforeseen circumstances. The ‘artist’ will have ‘Dep’ performers ‘on-call’ to cover all eventualities and reserves the right to use one or more of these should the need arise. The ‘artist’ agrees that any ‘Dep’ performers utilised will have equivalent ability and represent the ‘artist’ to the customary manner in which the ‘artist’ has portrayed themselves to the ‘agent’ and ‘client’ .

If a suitable ‘Dep’ performer is available, the ‘artist’ will utilise them rather than cancel the booking. A reduction in fee for the use of a ‘Dep’ performer is not applicable and neither does it constitute grounds for cancellation unless the ‘artist’ being replaced is of significant celebrity.

Clause 11: Force Majeure
No party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, terrorist activities, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, order of Government or Local Authority having jurisdiction in the matter or changes in law.

Any party asserting Force Majeure so as to negate liability shall have the burden of proving it and justifying that they took preventative action wherever possible to counteract the circumstance. If successfully proven then the cancellation fees outlined in ‘Clause 8: Cancellations’ shall be unenforceable.

Clause 12: Miscellaneous Provisions
For a period of 12 months from the date of the event the 'client' must negotiate any additional bookings of the ‘artist’ with the ‘agent’.

The ‘artist’ is prohibited from providing personal contact details to the ‘client’ or anybody else involved in any capacity with the event and they should instead refer any potential ‘client’ to the ‘agent’ using the business cards (on the day of the event itself) or contact details as known to the ‘artist’. Where this does not occur, and the ‘artist’ attempts to exclude the ‘agent’, they shall be removed from the ‘agents’ roster and remain liable for commission against any successful future bookings.

The ‘agency’ will advertise the ‘artist’ on the website and any affiliate website, or, by any other means deemed suitable, for no fee whatsoever in order to secure as much work as possible. However, if the ‘artist’ requests to leave the agency within 12 months for any reason other than dissolution of the act / band, a £50 administration fee will be due to the ‘agency’ within 7 working days.

Contact Us

If you have any questions or would like further information about Warble Entertainment Agency please feel free to contact us:
Post:
Warble Entertainment Agency
136 Nantwich Road
Crewe
Cheshire
CW2 6AX
Telephone:
0845 643 9384
01270 506 686
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Client Feedback
 
  • Redlight "The band were exactly what we were after and delivered a top set. The acoustic numbers they performed during the wedding breakfast started the entertainment off perfectly and once they were into full band mode they had everyone dancing for the whole night. Many of the guests have commented on how mu..." Dave Parsons
  • Black Tie Sax "I just wanted to say that we were really pleased with how good Black Tie Sax was for our event. He was very well presented and played beautifully all night! All our guests loved the act and we would definately recommend his services!!" Alex Winstone
  • Saint "Saint were fantastic. Great musicians and such great guys. We really enjoyed our wedding and they made it. Many friends have asked for their details. Thanks again, great easy booking process. thumbs up all the way. Beccy & Richard" Beccy Hyne
  • Encore "Encore were fantastic! They got people on the dancefloor early on in the evening and they stayed there for the rest of the night. The music and choice of songs were great and suited all tastes, all our guests have been raving about how great the band were and how impressed they were with the great f..." Silvana Maiorana
  • The Hype "The Hype ~ Brilliant from start to finish. Couldn't of asked for more..... they sound amazing & we are only surprised they aren't already bigger than they are..... still time!!! Wouldn't hesitate to book them again in the future and reccommend to all our family & friends. All made an effort to come ..." Christine Vickery
  • The Hype "We just wanted to thank you all for last night. The music was completely amazing, loved all of it! Wouldn't hesitate to recommend. Hope you all had a safe journey home. Thank you!!!! ♥" Christine & Kevin (Mr & Mrs Nunn)
  • The Gems Duo "The girls were really friendly and accomodating. They adapted their style and volume to suit the situation and were well received on the day. Thank you. " Miya Wassing
  • Saint "Man alive... people have still not stopped talking about how good you guys were. Awesome! Thank you so much for all your hard work on the night... the guests loved your set and you got everbody dancing right from the start until right to the end... no one wanted you to stop we were having that much ..." Kurt Swallow
  • The Mixtape "One word "fantastic", made the evening for everyone :-)" Andrew Caddick
  • The Story "The night was a perfect success, with "THE STORY" making it so. The only problem, the night it went so quick. The guys were really poilite and chatted with the guests during the interval. The songs played suited exactly our taste in music. Since the party we have received many texts, phone calls tel..." Steve Kirk
  • Charlie The Caricaturist "We were very pleased with Charlie and would definately recommend him. Many of our homes have also praised him and have asked for his details. Not only is his work fantastic he is very friendly too. Thank you Charlie!" Leah Barnett
  • The Kickstarts "Wow Boys, what can I say??? You were fantastic! Geared the party totally to an 18th birthday and made the night rock. Fab artists, fab entertainment and you were so accommodating to a rowdy bunch of teenagers. I understand you do fantastic weddings venues, but to be able to turn it around and tune i..." Dawn Field
  • The Daggers "You were truly awesome at Tin Fest! I have NEVER seen and danced to a band as good as you guys! Thank you so much - YOU ROCK!!!" Hayley Munro
  • The Daggers "Amazing night last night.... totally loving your work at Tin Fest... now just need to think of an excuse so we can book you again!" Sarah Dean
  • Spencer The Caricaturist "Spencer was very amenable and fitted in great on the day. Just got on with the job!" Ann Wareing
  • Wraggs Duo "We thought the girls were perfect for our wedding reception. We left the choice of music to them and it was wonderful. A very talented pair and we would recommend them to anybody." Lynne Michael
  • The Story "The Story were brilliant at our wedding and all of our guests have been telling us so ever since. It was a great mix of music and really well performed. Not once was the dancefloor empty throughout the night and they were equally popular with the guests of all ages. We were a bit nervous about booki..." Dave and Jane Frape
  • RIOT! "Where do I start? We booked Riot very (very!) last minute when we decided that we could just about stretch our budget to afford a band. You could say it was somewhat of an after thought if truth be told as we both love live music and felt a DJ may not quite make the day ours. This was the best decis..." Steven Taylor
  • The Swinging Wolf "The Swinging Wolf, we just wanted to say that you were totally marvellous. We loved you singing at our wedding and the first dance was magical. Everyone loved your performance and you were friendly and accommodating in all the arrangements leading up to our day. Many thanks, we could not be happier." Helen and Duncan Crosbie
  • The MP3s "Hi Dan, Sorry for the month late reply - the first 6 weeks of married life have been rather hectic! Thanks for everything at the wedding - you guys were brilliant and we had great fun dancing. There are some very entertaining photos of people dancing! Have attached a few photos of you that I thought..." Olivia Rotherham
  • The Dorset String Quartet "The duo was an absolute great hit. Both Stefan and Nick were delightful and a pleasure to have at my party. I wish them much success. Thank you, Judith" Judith Watson

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