TERMS AND CONDITIONS
Unless stated otherwise, in writing, during the booking process, the terms & conditions listed on this page are relevant to all bookings requiring services provided by Ben Foulds.
Please note that these terms and conditions are enforceable with the full support of The Incorporated Society of Musicians (ISM) of which Union Ben Foulds is a full graduate member.
BF - Ben Foulds
Client - The party interested in booking the services provided by Ben Foulds.
Terms and Conditions of Service
#1. Quotations and Acceptance
Following a booking request by the client, if BF is available and willing to proceed with the booking a quote will be offered via email. Unless otherwise agreed between BF and the client, this quote will be valid for 7 days following the date the quote is sent. The date of the proposed booking will be reserved until the end of this period. If the quote is not accepted or declined within this 7 day period, BF reserves the right to cancel the booking request and re-open the booking date.
#2. Booking Confirmation
In order to confirm a booking with BF, there are two steps which must be completed.
First of these is the completion of a booking details form which BF will send via email upon acceptance of a quote. The client will need to fill this in and send it back to BF.
The second step required to confirm a booking is the deposit. Unless otherwise agreed by BF and the client, a non-refundable deposit equal to 20%of the overall agreed booking will be due within 7 days following the acceptance of a quote. This deposit can be paid via BACS or paypal.
BF reserves the right to change the deposit required for bookings.
#3. Pricing and Additional Charges
The price charged for bookings is calculated based on the type of event, the date, the length of the performance, the mileage travelled, the cost of commissions and additional expenses. The quote offered by BF will include all of these fees although BF does reserve the right to charge additional fees on the day of the event due to unexpected and unavoidable expenses such as parking and tolls. Receipts will be provided as proof of additional expense and the cost of these will be added to the outstanding balance.
#4. Regular Bookings and Residencies
For some bookings BFM may offer a ‘regular booking’ or ‘residency’ discount. A ‘repeat booking’ or ‘residency’ is a booking which takes place regularly to a schedule and is booked in advance for an agreed upon term. For example, a ‘repeat booking’ or ‘residency’ could be booked every Saturday for 6 weeks, for three months on alternating Thursdays, or for one booking on the last Friday of every month for 6 months. Bookings of this type will require a contract with its own set of terms and conditions and will only qualify for this discount when made consecutively to a pre-planned schedule. In order to qualify for this discount, a minimum of 3 evenly spread bookings must be made up front. Cancellation of ‘repeat’ or ‘residency’ bookings may result in the termination of the entire contract with cancellation fees due as standard (see #13. Cancellations) or as stated in the specific contract Terms and Conditions. BFM reserves the right to refuse this discount when offering a quote.
#5. Setting up Equipment
BF will always aim to arrive at the booking venue during a one hour time slot agreed during the booking process. Unless otherwise agreed, this time frame will begin from 1.5 hours before the performance is due to start. In most cases, setting up equipment will take no longer than 15 minutes plus the time it takes to carry equipment to the performance space. Where possible, BF will require unrestricted access to the performance space and a nearby parking space or loading bay. Unless otherwise agreed in the booking process, if the client requires BF to set up earlier than this, BF reserves the right to charge an additional waiting fee of £20 per hour (or part thereof).
#6. Breakdown of equipment
BF will breakdown equipment following completion of the performance as agreed in the booking process. BF will once again require unrestricted access to the performance space and a nearby parking space or loading bay. Unless otherwise agreed in the booking process, if the client requires BF to leave equipment set up so as not to disturb guests, BF reserves the right to charge an additional waiting fee of £20 per hour (or part thereof).
#7. Dress Code
Unless otherwise agreed during the booking process, BF will choose an outfit he deems suitable for each booking. If a dress code has not been specified in the booking process and BF gets turned away from the booking because of this, it will be treated as a cancellation and the client will be liable to pay the full price of the booking. (See #13. Cancellations)
Unless otherwise agreed in the booking process, the final payment for any booking will be due by the end of the booking date. This can be paid as cash or via BACS or Paypal. Failure to make the final payment before the end of the booking date will result in late payment fees (see #9. Late payments)
#9. Late Payments
Unless otherwise agreed with BF, all payments are due no later than midnight on the booking date. A payment will be deemed as late if the payment is not made within 24 hours following this deadline. If this deadline is not met, interest will be added onto the outstanding balance equal to 8.25% (Based on the Bank of England base rate for business to business transactions, currently at 0.25%, plus statutory interest at 8%) of the overall booking as well as a fixed fee to cover debt recovery costs. This fixed fee is based on the amount of debt accumulated.
Up to £999.99 - £40 Charge
£1000 - £9999.99 - £70 Charge
Over £10000.00 - £100 Charge
This new balance will be due no later than 7 days following the booking date.
#10. Set-Length & Breaks
The Standard set length during performances by BF, is 45 minutes followed by a 15 minute break, thus completing 1 hour. Alternations to this must be agreed in writing during the booking process. BF reserves the right to change set or break length when deemed necessary.
#11. Extension of performance
In circumstances when a client would like BF to extend a performance, this will be charged at £50 per set (Up to 45 minutes)
In circumstances when BF is cannot complete a booking due to the client providing incorrect information, (ie. the wrong time, the wrong date etc.) this will be treated as a cancellation (See #13. Cancellations).
In the event where a booking is cancelled by the client, BF will retain the deposits paid as compensation. If no deposit has been taken, this cancellation fee will be equal to 20% of the overall booking fee.
If a cancellation is made by the client within the period 14 days prior to the date of the booking, then an additional fee equal to 50% of the outstanding balance will be charged and unless otherwise agreed will be due by 23:59pm on the date of the original booking.
If a cancellation is made by the client within 7 days prior to the date of the booking, then a further fee of 100% of the outstanding balance will be charged and unless otherwise agreed will be due by 23:59pm on the date of the original booking.
In the event where a booking is cancelled by BF, any fees paid by the client, will be returned via BACS and, if requested, reasonable effort will be made to find and book a suitable replacement.
Throughout the duration of the booking, the client is responsible for guests attending their event. In circumstances where equipment owned or provided by BF is damaged by one of these guests, a reasonable repair or replacement fee will be charged to the client along with a receipt upon completion of the repair or replacement.
In circumstances where BFM is required to stay at a booking past the agreed upon performance times then BFM reserves the right to charge overtime at £20 per hour (or part thereof). This does not include additional performance and if the client requires BFM to perform additional sets then this will be priced as outlined in ‘#11 Extension of Performance’
#16. 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 ‘#13. Cancellations’ shall be unenforceable and any deposits paid shall be refunded.