Terms & Conditions
The following Terms & Conditions will apply to every booking taken by Capital Bands. These Terms & Conditions will apply to both The Client (The person, persons, businesses, corporations making a booking) and The Artist (The band, group, trio, duo, entertainment, act hired to perform at an event). Please take care to read these Terms & Conditions thoroughly to ensure you understand them. By signing The Contract, sent to both parties while making a booking, you accept these Terms & Conditions.
1. Definitions
1.1. In these Terms & Conditions the following definitions apply:
The Agent/Agent: Capital Bands
The Client/Client: The Person, Persons making a booking. This includes businesses and corporations.
The Artist/Artist: The Band or Musical Act booked by The Client for an Event
The Contract/Contract: The confirmation of Venue(s), Date(s), Timing(s) and Fee(s), as well as these Conditions between The Client and The Artist negotiated by The Agent.
Event(s): The occasion The Client is booking The Artist to provide a performance. Such as a Wedding, Charity Event, Corporate Event, Birthday Party, Christmas Party and more.
Booking Fee: A non-refundable payment to secure The Artist for your event payable to The Agency by The Client.
Remaining Balance: The payment amount, agreed to in The Contract, to be paid by The Client to The Artist in exchange for The Artist’s performance at an Event.
Force Majeure: See Condition 11.1.
Conditions: Refers to these Terms & Conditions.
Booking(s): The booking of an Artist for an Event made through The Agent.
2. Disclaimer
2.1. Capital Bands, The Agent, acts only as a booking agent for The Artist(s) on our website.
2.2. The Agent’s involvement in any agreement is only as a negotiator between The Client and The Artist as well as the collection of the Booking Fee.
3. Bookings
3.1. A non-refundable Booking Fee is required by The Client payable to The Agent to secure The Artist for an Event. The Booking Fee is to be paid only by bank-to-bank transfer.
3.2. Once availability of The Artist has been confirmed by The Agent for The Client’s intended Event’s date and time, The Agent will send The Contract to both parties.
4. The Contract
4.1. As stated in Condition 2, The Contract is negotiated by The Agent acting as a booking agent only. The Contract is between The Client and The Artist.
4.2. The Contract will include the intended date of The Event, address of The Event, type of Event, timings of The Event and the Remaining Balance payable to The Artist. Personal and contact information will be added to The Contract by The Client and The Artist.
4.3. The Contract, once issued, must be electronically signed and returned by The Client along with the non-refundable Booking Fee to The Agent within 7 days. Failure to do so will result in the intended date being made available to other Clients.
5. Booking & Contract Alterations
5.1. The Booking or Contract may not be altered by either The Client or The Artist without mutual consent by both parties and by notifying the Agent in writing or by email.
5.2. If The Client wishes to change the date of The Booking, they must notify both The Agent and The Artist in writing or by email. If The Artist is available for the new intended date, a new Contract will be written up and sent to both parties to confirm the alteration. A new Booking Fee will not be needed in this instance.
5.3. If The Client wishes to change the date of The Booking and The Artist booked for the original date are not available for the new intended date. The Agent will attempt to engage another Artist to perform on the new intended date. If the Client is willing to proceed with the new Artist, a new Contract will be written up and sent to both parties and a new Booking Fee may be required in this instance. Our Artists have different performance fees and the new Contract may have a different Remaining Balance to be paid to the new Artist. If The Client does not wish to accept an alternative Artist, The Booking will be cancelled and the cancellation terms in Condition 10 will apply.
5.4. If The Client wishes to change the venue of The Booking, they must notify both The Agent and The Artist in writing or by email. If The Artist is willing to accept the venue alteration a new Contract will be written up and sent to both parties. Our Artists have different performance fees depending on distance from The Artist’s residence. So a new Remaining Balance may be negotiated if the new venue is not in the same area as the previous venue booked.
6. Payments
6.1. Booking Fee
6.1.1. A non-refundable Booking Fee is to be paid by The Client to The Agent within 7 days of The Contract being issued. Failure to do so will result in the intended date being made available to other Clients.
6.1.2. The Booking fee is to secure your intended Artist to perform at your Event.
6.2. Remaining Balance
6.2.1. The Remaining Balance refers to the amount payable to The Artist to perform at your Event.
6.2.2. The Remaining Balance payment is to be arranged and the type of payment agreed upon between The Client and The Artist. Acceptable types of payments are cash and bank-to-bank transfer.
6.2.3. The Remaining Balance must be paid prior to The Artist performing. If the payment is cash, this must be presented before The Artist’s agreed start time. If the payment is bank-to-bank transfer this payment must be arranged at least one week prior to the Event.
6.2.4. If the Remaining Balance is not paid in full, unless other payment has been agreed between both parties, prior to The Artist’s performance, this will be a breach of these Conditions and The Artist reserves the right to not perform at The Event.
6.2.5. If The Artist agrees to perform at The Event without payment in full they do so at their own discretion and reserve the right to charge a late fee to the Remaining Balance. The Remaining Balance with the additional late fee payment can be agreed between The Client and The Artist. If payment has not been made within 7 days The Artist shall be entitled to commence recovery proceedings via legal action.
6.2.6. Any legal action taken by The Artist to recover the Remaining Balance/and or late fees is done so solely by The Artist. The Agent has no liability to recover payments on The Artist’s behalf.
7. Performance, Performance Timings & Alterations
7.1. Performance
7.1.1. The performance of The Artist should reflect The Artist’s promotional videos and/or audio recordings.
7.1.2. The performance will include, but is not limited to, live performed music. Some Artist’s include DJ/Disco Sets as part of their performance. For the avoidance of doubt, this is not to be mistaken for background music played during The Artist’s break.
7.1.3. For The Artist’s performance, they will be self contained. Meaning they supply all the equipment they will require; Instruments, PA System and Lighting. Please note that any lighting provided by The Artist is for the stage/performing area and not for the full venue or dance floor.
7.2. Performance Timings
7.2.1. The Artist’s performance times will be written and agreed to in The Contract. Typically for a wedding evening performance the band will cover 8pm until Midnight with a minimum of a 30 minute break. Acoustic Acts will typically perform throughout the daytime at weddings and timings will be written and agreed to in The Contract. Acoustic Acts may take 1 or 2 short bathroom, refreshment or comfort breaks depending on the length of the performance time. For other types of Events timings may vary and again will be written and agreed in The Contract.
7.2.2. The agreed start time in The Contract is based on The Artist having access to the room/the area they will be performing with reasonable time to set up their equipment and soundcheck. Bands typically require 1 hour to set up and soundcheck and Acoustic Acts typically require 30 minutes to set up and soundcheck.
7.2.3. The Artist cannot be held responsible for any delay in their start time due to the Event overrunning or unable to access the room/performance area. The Artist is under no obligation to play beyond the agreed upon contracted finish time or forego any agreed break times.
7.2.4. Any delay in The Artist’s fulfilling the agreed start time due to reasons in Condition 7.2.3. as well as any reasons beyond The Artist’s reasonable control (Force Majeure) this does not constitute any reducing in Remaining Balance nor does is constitute any breach of Contract.
7.2.5. If The Client wishes to claim a reduction in the Remaining Balance due to a late start time where The Artist is at fault, this should be mutually agreed between both parties and this should be confirmed in a written agreement.
7.3. Performance Alterations
7.3.1. If The Client wishes to amended the agreed Contracted times they should notify The Artist and The Agent in writing or by email. It is at The Artist’s discretion if they can accommodate the change in performance time. Our Artist’s may have other obligations such as daytime jobs and families, depending on these other obligations they may not be able to adjust their schedule for an earlier start time. Likewise they may not be able to accommodate later finish times.
7.3.2. If The Client wishes to add additional time to The Contracted times agreed upon, they should notify The Artist and The Agent in writing or by email. It is at The Artist’s discretion if the can accommodate the additional performance time and additional cost will be added to the Remaining Balance.
7.3.3. Requests made by The Client on the day of the Event for The Artist to perform longer than the Contracted times are unlikely to be accepted. However, this is at The Artist’s discretion and additional fees may apply.
7.3.4. If additional or later finishing times are mutual agreed between The Client and The Artist it is the responsibility of The Client to confirm that the venue of the Event can accommodate the new finishing times. Some venues have curfews in which live or recorded music cannot be played beyond and some venues have a set finishing time of Events that can’t be changed. It is The Client’s responsibility to acquire this information before asking The Artist to perform past the Contracted times.
8. Obligations
8.1. Obligations of The Client
8.1.1. The Client will ensure, and inform the venue of The Event, that the stage/performing area must be safe for the band to perform. The stage/area must be tidy, dry and any items that may prevent the band from setting up must be removed. If the stage/area is untidy, wet or has items preventing the band from setting up The Artist will not be held responsible for any delay incurred while these issues are rectified.
8.1.2. If The Artist has been booked to perform outside, a suitable and safe performing area must be arranged by The Client. Overhead cover must be provided covering The Artist and all equipment needed to perform. All electrical power sources must be waterproofed. The performing area must be completely dry before The Artist is able to set up. If the area is waterlogged The Artist reserves the right to delay the performance until the area can be dried, or refuse to perform if the area can’t be safely dried and kept dry. This will not constitute breach of Contract or considered a non performance.
8.1.3. We highly recommend for any outdoor performances there is a suitable indoor performing area prepared as a back up incase of weather conditions.
8.1.4. If The Artist is booked for an indoor event and are asked to perform outdoors with no prior notice, The Artist reserves the right to refuse to perform. It is at The Artist’s discretion if they accept to play outdoors without prior notice. If The Artist accepts to play the Event with the change of indoors to outdoors the Condition 8.1.2. apply and The Client is responsible to ensure this before asking The Artist of the modified performing area.
8.1.5. If The Client has not provided a suitable and safe performing area The Artist reserves the right to not perform or delaying in performing until the area is to a standard The Artist are comfortable to perform in/on.
8.1.6. The Client is responsible to ensure that a minimum of 4 x 13 Amp plug sockets are available for The Artist to use and are on/next to the performing area. All plug sockets must be safe to use and with no damage that will deem unusable as this could affect the band being able to set up.
8.1.7. It is The Client’s responsibility to ensure the venue of The Event have all the necessary licences in place to accommodate live and amplified music. The Client must enquire if the venue have any sound/noise limiter in place and must notify The Artist with reasonable notice prior to the Event date as The Artist may need to adjust their equipment to accommodate a limiter. For example an electronic drum kit instead of an acoustic drum kit.
8.1.8. The Client shall arrange for there to be an adequate changing room for The Artist to use. Toilets are not acceptable.
8.1.9. The Client is responsible to ensure The Event runs on time. See Condition 7.2.3.
8.1.10. A rider for The Artist is not required for most Events, however access to refreshments and evening buffet at weddings are always appreciated. For corporate Events or Events that The Artist is booked to be set up over 2 hours prior to the performance start time The Client must arrange a warm meal for full Artist line up.
8.1.11. The Client accepts full responsibility for any injury to any member of The Artist, as well as any damage to The Artist’s equipment through the direct fault of The Client or The Client’s guests/party. Please note The Artist’s equipment is strictly for use only by The Artist unless direct permission is given. The Client has no right to use or allow any guests to use The Artist’s equipment whatsoever.
8.2. Obligations of The Artist
8.2.1. The Artist shall be dressed in presentable fashion.
8.2.2. The Artist will provide a performance that reflects their promotional content on their profile.
8.2.3. The Artist shall supply all equipment needed to fulfil the agreed performance. The Artist will notify The Client of any additional equipment or power requirements they require.
8.2.4. The Artist will be responsible to ensure their equipment is up to a safe usable standard.
8.2.5. The Artist is responsible for their own PAT Testing of their equipment as well as their own Public Liability Insurance.
8.2.6. The Artist will not display or partake in any antisocial or illegal behaviour.
8.2.7. The Artist accepts full responsibility for any injury to the Client or Client’s guests/party as well as any damage to the venue of The Event through the direct fault of The Artist.
9. Deputy Musicians
9.1. The musicians making up the bands, groups, trios, duos, entertainment and acts (The Artist) advertised to The Client will, in the vast majority of cases, be the members to perform at your Event. However, in the event that a member of line up is unable to perform due to illness, injury, family emergency, bereavement or a musician leaving the band/act The Artist reserves the right to use an alternative musician (known as a Deputy Musician or Dep) to replace the member. The deputy musician will be well rehearsed in the band’s repertoire and perform to the same standard as the musician they are replacing.
9.2. The Artist reserving the right to use deputy musicians is in place as a security to the Client allowing The Artist to still perform at your Event.
9.3. The use of a deputy musician will not result in a reduction of the Remaining Balance/Booking Fee nor does it constitute grounds for cancellation.
9.4. In some cases, The Artist will be able to fulfil the performance with a reduced band line up. This will not result in a reduction of the Remaining Balance/Booking Fee nor does it constitute grounds for cancellation.
10. Cancellation
10.1. In the event of a cancellation by The Client, for reasons other than a Force Majeure event, The Client shall immediately notify The Agent and The Artist in writing or by email. The Client will pay The Artist a cancellation fee in relation to the length of notice given prior to the date of the Event. The following cancellation fees will be charged:
10.1.1. 121+ days prior to the Event date 0% of the Remaining Balance.
10.1.2. 91 to 120 days prior to the Event date 50% of the Remaining Balance.
10.1.3. 61 to 90 days prior to the Event date 60% of the Remaining Balance.
10.1.4. 31 to 60 days prior to the Event date 75% of the Remaining Balance.
10.1.5. 1 to 30 days prior to the Event date 100% of the Remaining Balance.
10.2. All cancellation charges must be paid within 7 days of notice of cancellation. This must be paid by bank-to-bank transfer to The Artist.
10.3. In the event of a cancellation by The Artist, for reasons other than a Force Majeure event, The Artist shall immediately notify The Agent. The Agent will inform The Client and shall immediately attempt to find a replacement act to perform at The Event.
10.4. If the replacement act is accepted by The Client, a new Contract will be sent to both parties and The Contract between The Client and the original Artist will be terminated.
10.5. If The Client is unwilling to accept any replacement acts suggested by The Agent, The Artist shall compensate The Client with a fee equivalent to the Booking Fee if the cancellation occurs 14+ Days after booking confirmation.
10.6. If The Client is unwilling to accept any replacement acts suggested by The Agent, The Agent shall compensate The Client with a fee equivalent to the Booking Fee if the cancellation occurs 14 Days or less after booking confirmation.
11. Force Majeure
11.1. In these Terms & Conditions a Force Majeure event is an event or circumstance beyond reasonable control of The Client, The Artist or The Agent in which fulfilment of these Conditions is no longer possible. Such events or circumstances include but are not limited to act of god, fire, flood, snow, storm, accident, pandemic, epidemic, war, riot, terrorism, damages, compliance with national or local governmental authority or law, strikes, transportation breakdown, personal injury or illness or death, injury or death of immediate family member.
11.2. If The Client needs to cancel a Booking due to a Force Majeure event, The Client shall immediately notify The Agent and The Artist in writing, by email or by phone. In this event the cancellation charges in Condition 10.1. need not apply. The Booking Fee shall be retained to cover the service and administration costs incurred by The Agent.
11.3. If The Client needs to cancel a Booking due to a Force Majeure event and the Remaining Balance has been paid to The Artist, The Artist shall refund this payment to The Client within 7 days.
11.4. If The Artist needs to cancel a Booking due to a Force Majeure event, The Artist shall immediately notify The Agent and The Agent will inform The Client. In this event the compensated fee in Condition 10.5. need not apply.
11.5. If The Artist needs to cancel a Booking due to a Force Majeure event, where The Event is still taking place. The Agent will attempt to find a replacement act to perform at The Event. If The Client is unwilling to accept any replacement acts suggested by The Agent, the compensated fee in Condition 10.5. need not apply. Depending on the nature of the Force Majeure event as well as the notice given to The Agent from The Artist, finding a replacement act may not always be possible.
12. Limitation of Liability
12.1. The Agent will not be liable to either The Client or The Artist in failure to fulfil or delaying in fulfilling their obligations in these Conditions for any reason including a Force Majeure event.
12.2. The Agent will not be liable to either The Client or The Artist in regards to collecting or recuperating any cancellation fees, compensation fees or Remaining Balance refunds payments.
12.3. The Agent is not liable for any losses or damages incurred by either party caused by either The Client, The Artist, staff members, guests of an Event or members of the public.
12.4. The Agent will use all reasonable care to ensure any agreement between The Client and The Artist are fulfilled. However, we shall not be held accountable for any breach of these Conditions by either The Client or The Artist.
12.5. The Agent takes reasonable steps to ensure that The Artist’s promotional content reflects The Artist in a live context. However, we do not make any warranties or guarantees (whether implied or not) that this will meet your requirements.
12.6. The Agent accepts no liability for any modifications made to these Terms & Conditions or The Contract by either The Client, The Artist or any third party.
13. General
13.1. Only The Agent reserves the right to modify these Terms & Conditions and The Contract. Any modification requested by either The Client or The Artist shall be made by The Agent and sent to both parties.
13.2. Each condition in these Terms & Condition should be considered separately. If any condition becomes invalid, illegal or unenforceable it shall not affect the validity and enforceability of the rest of these Terms & Conditions. Any condition that is deemed invalid, illegal or unenforceable shall be treated as deleted from these Conditions and will be modified in order to make it valid, legal and enforceable.
13.3. These Terms & Conditions shall be subject to the laws of the jurisdiction of Scotland. Any dispute relating to the subject matter of these Conditions shall be subject to the exclusive jurisdiction of the laws of Scotlands and the Scottish Courts.