Terms and Conditions of Business
This agreement is an agreement between [Client’s] hereafter referred to as the Client and Sound Engineer (Ben Farmer), hereafter referred to as the Engineer.
1. The Engineer(s) engaged are engaged for services and not for employment. The engagement is only for the period stated. This agreement reflects the terms and conditions as verbally agreed (including via email) between the Client and the Engineer(s).
2. This agreement shall only be deemed accepted by both the Client and the Engineer(s) when the Client has returned a copy of this agreement with the deposit as stated, within fourteen (14) days of issue.
3. The Client agrees to pay the Engineer(s) the balance of the agreed fee, either:
By the due date by cheque, bankers draft or bank transfer. Cheques and bankers drafts are to be made payable Ben Farmer.
or
On the day of the engagement in cash upon the Engineer(s) arrival at the venue. If cash is not given to the Engineer(s) on their arrival at the venue or if a cheque is offered in lieu of cash, the Engineer(s) reserve the right to leave the venue without setting up and without penalty, and the Client will still be liable to pay the Engineer(s) the full balance due within 14 days.
4. The Client has no right to demand the use of the Engineer(s) equipment, or props during the engagement. Requests to add extra acts to the billing will be considered by the Engineer(s). Any decision will be at the discretion of the Engineer(s). Any subsequent damage to the equipment, instruments or props resulting from this decision will be the responsibility of the Client.
5. The Client is required to provide a suitable performing area with adequate and safe electrical supply.
6. This agreement can be cancelled within fourteen (14) days of the date of issue. If the Client wishes to cancel this agreement within this period, then the Client should notify the Engineer(s) as soon as possible.
7. Cancellation of this agreement by the Client will incur the following cancellation fees:
- More than 90 days (3 months) prior to engagement date: loss of deposit paid
- 89 days to 31 days (3 months to 1 month) prior to engagement date: loss of deposit paid PLUS 75% of agreed fee less Engineer(s) travel expenses
- 30 days (1 month) or less prior to engagement date: loss of deposit paid PLUS 100% of agreed fee less Engineer(s) travel expenses.
Cancellation fees must be paid within 14 days of the cancellation.
8. If by reason of strike, fire, war, riot, epidemic, civil commotion, national calamity, mechanical breakdown, order of the government or local authority, act of God, illness or other incapacity of the Engineer(s) certified by a properly qualified medical practitioner, or other cause beyond the control of either party, the engagement is unable to proceed, this agreement shall be null and void.
9. The leader or principal of the Engineer(s) undertakes to appear personally throughout the engagement. The Engineer(s) accept no responsibility for changes in the personnel or line-up of the Engineers agreed. In the event of illness, accident or unforeseen circumstances, the leader of the Engineers will take every reasonable step to replace the inconvenienced performer with someone of comparable quality.
10. If in the event of the Engineer(s) being unable to attend the event on the day, due to unforeseen circumstances such as car breakdown or accident, and the Engineer(s) cannot find a suitable replacement, then the Engineer(s) will refund the deposit and any balance payments in full to the Client.
11. Any claims for liability prior to the engagement date, on the engagement date or any time thereafter, will not be entered into with the Engineer(s) and any claims will be limited to the total agreed fees stated in this agreement.
The Engineer(s) reserve the right to change these terms and conditions at any time, with 7 days written notice to the Client. Any objections to these changes should be submitted in writing to the Engineer(s).
