The Promoter engages Matt’s Music to undertake the Services set out in the Booking Form and Matt’s Music agrees to provide the Services in return for the Service Fee in accordance with the Booking Form.
Fees & Payment
Matt’s Music will indicate the preferred payment methods for any payments on the Booking Form.
The non-refundable Reservation Fee as specified on the Booking Form must be paid by The Promoter, by the due date to secure any booking.
The Promoter hereby acknowledges that on booking the Services of Matt’s Music, Matt’s Music reserves the relevant hours/days, rejects all other works and embarks on preparation, etc. Therefore the Promoter may cancel or amend this Agreement prior to the Commencement Date, such cancellation or amendment shall be subject to giving written notice to Matt’s Music and the Promoter shall be liable to pay the following fees:
The Service Fee will cover the Services as the number of hours performed. Any time over and above the Services will be charged at Matt’s Music’s overtime rate, which is detailed on the Hire Agreement. If the performance has already started then this must be paid in cash to Matt’s Music prior to the start of the overtime period.
Matt’s Music will provide receipts for all payments made.
The Balance Fee is due no later than the date shown on the Booking Form.
If the Promoter delays completion of the Services to a point where it becomes impossible or unreasonable for Matt’s Music to perform due to an act or omission, then Matt’s Music reserves the right to charge the full Service Fee.
Matt’s Music Obligations
In the unlikely event of Matt’s Music being unable to appear for any reason, Matt’s Music reserves the right to fulfil it’s obligations by arranging for a suitable alternative to appear in its place so that the function can proceed.
Matt’s Music and his/her assistants will conduct themselves in a professional manner at all times and will responder to the Promoter’s requests as to volume, placement of equipment and any other reasonable matter.
Matt’s Music will use reasonable endeavours to complete the Services in accordance with the Booking Form and to observe all health and safety rules and regulations and other reasonable security requirements that apply at the venue and that have been communicated.
Cancellation Notice Periods
If the booking is cancelled by the Promoter 31 days or more prior to the Event Date then the Reservation Fee will be payable
If the booking is cancelled by the Promoter 30 days or less prior to the Event Date then the full Service Fee will be payable
The Promoter shall be liable to pay Matt’s Music, on demand, all reasonable costs, charges or losses sustained or incurred by Matt’s Music (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) that arise directly or indirectly from the Promoter’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under this Agreement, subject to Matt’s Music confirming such costs, charges and losses to the Promoter in writing.
The Promoter will where practicable ensure that there is adequate access to the performance area and parking nearby for the duration of the performance at no charge.
The Promoter must ensure that Matt’s Music has access to two, safe and serviceable 13amp standard UK 230v sockets within 10 meters of the Service Provider’s working position or performance area. If the Promoter cannot guarantee any of the above then they must immediately notify Matt’s Music.
The Promoter will allow Matt’s Music sufficient time for any equipment to be set up, dismantled and removed from the venue.
In cases where Matt’s Music equipment has been left unattended for any period there is not right for the Promoter, the Promoter’s guests or any other person to use such equipment.
The Promoter is responsible for the behaviour of all of their guests and for safeguarding the DJ and all equipment against theft, damage or other risks from the moment of arrival to the moment of final departure.
Matt’s Music reserves the right to work in a non-hostile environment. Abusive behaviour towards Matt’s Music will not be tolerated and will result in the immediate termination of the performance. In such cases no refunds will be given.
The Promoter shall ensure that Matt’s Music equipment can be properly set up as to not obstruct any emergency exit route. In addition, the Promoter undertakes to be responsible for ensuring that the venue is suitable and safe for the Services to be provided and that the Venue has a suitable Public Liability Indemnity Insurance policy in place.
Matt’s Music retains the right to terminate the Agreement and/or cancel any of the Services provided in the event that the Promoter has failed to satisfy any of their obligations.
Limitation of Liability
The Services may contain loud music and/or strobe lighting. Matt’s music shall not be liable for any injury resulting from the provision of the Services save that this clause shall not exclude or limit Matt’s Music liability for:
- Death or personal injury caused by Matt’s Music negligence;
- or Fraud or fraudulent misrepresentation.
Matt’s Music has obtained insurance cover in respect of its own public liability indemnity for individual claims not exceeding £10,000,000 per claim. Matt’s Msic liability is therefore limited to £10,000,000 and the Promoter is responsible for making its own arrangements for the insurance of any excess loss.
Neither Matt’s Music nor the Promoter shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement, which result from circumstances beyond any reasonable control.
Intellectual Property and Data Protection
From time to time Matt’s Music may take photographs or video at events. Unless expressly forbidden by the Promoter, the Promoter is deemed to have agreed to such photographs and video being taken and used to promote the business of Matt’s Music.
Governing Law and Jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).