Central Avenue Function Band Limited – 11499257
These Terms and Conditions apply to the provision of the services detailed in our quotation (services) by Harry Garbutt trading as Band Manager of Central Avenue Function Band ltd (We or Us) to the person buying the services (You).
You are deemed to have accepted these Terms and Conditions on confirmation of initial payment made to Central Avenue Band (either upon receipt of Security Deposit Invoice, or Final Balance Invoice – whichever happens first) and these Terms and Conditions and our booking agreement (The Contract) are the entire agreement between us.
The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
Words imparting the singular number shall include the plural and vice-versa.
We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification requested by you (The Client).
We always endeavor to provide the core musicians as displayed on our promotional material and website. However, due to additional commitments of our band members, we cannot always guarantee a full core lineup as presented on our website and social media. We have a wide ‘dep’ pool of professional replacement musicians that we use should the core musicians be unavailable, due to illness or other commitments.
Specific Central Avenue Band vocalists may be requested; however, they can never be fully guaranteed for bookings due to illness or other unforeseen circumstances that may prevent them from performing. A suitable replacement professional vocalist or vocalists will be provided.
The standard live band performance duration for any Central Avenue Band booking is 120 minutes in total. Any performance duration that exceeds the 120-minute performance period should be agreed beforehand and clearly set out in the booking agreement (The Contract). Any additional fees may be charged for live band performances that exceed 120 minutes and should be agreed beforehand.
A break duration of a minimum of 15 minutes will be given for Central Avenue Band musicians for a standard performance duration(120 minutes). This may be divided into several appropriate breaks if the total number of live band set lengths is more than two.
The standard finish time is 12-midnight on the night of the agreed booking date. Any performance that exceeds a 12-midnight finish limit should be agreed beforehand and set out in the booking agreement (The Contract). Additional fees may be charged for performances that exceed 12-midmight. This is classed as a ‘late finish’.
Any delays that cause the performance duration to be less than 120 minutes in total; a break of a minimum of 15 minutes will be granted to the musicians and 12-midnight finish still applied.
Any bookings where Central Avenue Band musicians are required to be present at the venue for over 5 hours in total (arrival time to 12-midnight finish), a suitable hot meal should be provided for each individual musician. Specific dietary requirements of Central Avenue Band members will be outlined before the event and should be duly considered.
The fees (Fees) for the Services are set out in the quotation and are on a materials basis.
In addition to the Fees, we can recover from you A) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, B) the cost of services provided by third parties and required by us for the performance of the Services, and C) the cost of any materials required for the provision of the Services.
Any additional fees including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, will be set out as part of the overall fee and declared on the invoice and/or contract or within correspondence between the client and Central Avenue Function Band ltd. They will not be added afterwards if not agreed beforehand, if the booking specification does not change from the original agreement.
We will invoice you for payment of the Fees, in two separate invoices:
Invoice 1 – Security Deposit Invoice – to secure the booking datea security deposit must be paid. The Security Deposit is 20% of the overall agreed fee.
Invoice 2 – Final Balance Invoice – an invoice for the Final Balance of the overall fee will be sent to the client 60 days before the date of the event and must be paid within 14 days of receipt of the invoice.
Extra services, also known as ‘addons’, which may be agreed with the client after the Security Deposit (invoice 1) has been paid, can be included in the Final Balance invoice (invoice 2). Any ‘addons’ agreed after the Final Balance has been paid can be paid for in a separate invoice for the additional services.
A 20% deposit payment (NONE REFUNDABLE) is required to secure a booking.
An invoice will be sent 60 days before the date of the event and the Final Balance (the remaining balance) must be made within 14 days of receipt of the invoice. The Final Balance payment is also none refundable.
A deposit of 20% of the Fees must be paid upon agreement of the Contract in order to secure Services. The deposit must be paid to secure the booking.
For bookings made less than 60 days of the event date, we require a payment of the full performance fee to secure the booking. This payment is none refundable.
You must pay the Fees due within 14 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
For any bookings classed as corporate events: including, but not limited to, office parties, seasonal parties, Christmas parties, summer parties, winter ball, summer ball, charity events, any private events for a business or company, the full fee must be paid in full upon first invoice. The above ‘before/after 60 days’ processis not applicable and the full balance is required to secure the date of the booking.
In certain detailedspecialcircumstances, exceptions for requesting the full fee upfront may be made for corporate events. This must be discussed at time of the booking and agreed between both parties.
Time for payment shall be of the essence of the Contract.
Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 10% per calendar month above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future Services which have been ordered by, or otherwise arranged with, you.
Confirmation of payment will be given by email of both payment of Security Deposit and payment of the Final Balance after the transaction has been made. This will be done as soon as possible via email.
All payments must be made in Pound Sterling unless otherwise agreed in writing between us.
We do not accept cash payments.
The standard arrival time is 2.5 hours before the scheduled time of the first live band set. Any period before this standard arrival time will be calculated and charged at £120.00 per hour. The fee can be included on the Final Balance invoice. This fee can be broken down into 15-minute periods and charged at the same rate per 15-minute period.
Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation. For a full breakdown of our cancellation policy, see below:
We can terminate the provision of the Services immediately if you are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relied of insolvent debtor.
If you wish to amend any details of the Services you must tell us via email as soon as possible. We will use reasonable endeavors to make any required changes and any additional costs will be included in the Fees and invoiced to you.
Once a booking is confirmed, whether VERBALLY, ELECTRONICALLY, in WRITING or by the issue of a booking contract, cancellation by either party is not allowed except where ‘Force Majeure’ applies or where the client and artist mutually agree to cancel the booking (this must be provided in writing by both parties). In either event forfeiture of the booking deposit will result.
The Security Deposit is none-refundable and this is clearly set out in the booking contract and terms and conditions. The Security Deposit payment constitutes a certain amount of work completed to reach that stage in the booking process and is therefore none-refundable.
You, the client, agree that in the event of a cancellation we, Central Avenue, must be informed immediately.
If you, the client, has cancelled for reasons other than those outlined in ‘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 due unless the event date is within the following 7 days, in which case the full booking fee will be due. Where cancellation is made after 48 hours of confirmation the following shall apply:
Cancellation occurs between 0-60 days of the event date – 100% of the fee will be due.
Cancellation occurs between 61-90 days of the event date – 75% of the fee will be due.
Cancellation occurs between 91-120 days of the event date – 50% of the fee will be due.
For cancellations that occur more than 120 days from the event date, no additional fees will be due to as this is deemed a suitable amount of time for the band and musicians to find an alternate booking.
A “Force Majeure Event” occurs where a party is unable to comply with its obligations under this Contract for a reason outside of its control (such as war, fire, death, illness or other capacity certified by a duly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God) and which is not attributable to any act or failure to take preventive action by the Artist or Client.
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 ‘Cancellations’ shall be unenforceable.
We may utilize photography during the performance of our Service for promotional material. We may include the client or any other guest of the client’s party in our photographs and videos. Photography may be used for, but not limited to, website images or social media promotion, including third party platforms such as agency websites.
Photographs and videos may also be uploaded onto an individual musician’s social media platforms and website, at their discretion, for professional musician portfolio purposes.
We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Acknowledgment and acceptance of these Terms and Conditions will be made by the Client upon initial payment for the agreed Services. The Client will be agreeing to these Terms and Conditions when initial payment has been made and booking confirmed.
Notices shall be deemed to have been duly given:
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable)
This agreement shall be governed by and interpreted according to the law of England and Wales and all disputed arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Any equipment damages caused by an audience member, client or guest of the event, we have the right to charge the client for costs to replace or repair the damage to the equipment. You, the client, will be invoiced for all damages, costs and repairs at the equipment retail value.
Equipment damages, including, but not limited to, PA Sound System, Lighting Equipment, musical instruments both electrical and none-electrical, DJ booth and DJ equipment, cables and wires, monitors and wedges.
Equipment damage causes, including, but not limited to, alcohol misuse, violence, drugs, inappropriate and disorderly behavior and trivial avoidable incidents.
You, the client, are also responsible for ensuring the audience and guests behave safely and responsibly and do not harm, threaten or intimidate the members of Central Avenue Band or personnel.
Any misconduct during the event or performance may result in cancellation of the band performance and no refund given. The judgement of audience or guest misconduct will be judged by the Central Avenue Band Leader, Musical Director or Manager at the time of the event.
Any inappropriate sexual misconduct, including inappropriate comments of a sexual nature, intimidation, inappropriate sexual or physical contact, during the event or performance that involves mainly female members, but also male members of the band may result in cancellation of the band performance and no refund given.
Central Avenue Band takes the safeguard and wellbeing of female and male musicians extremely seriously and will not tolerate any inappropriate sexual misconduct, threatening or intimidating behavior.
In the event of further government restrictions making the event not possible to run due to the ongoing Covid-19 pandemic, we can move the booking completely free of charge to another date we are available on in the future.
No administration fee will be charged to the client, if the booking has to be reorganized due to government restrictions making it legally impossible for the booking to run as planned on the original date.
Our standard ‘CANCELLATION POLICY AND AMENDMENTS’ policy applies if the booking is cancelled by the client due to circumstances outside of legal government restrictions in direct relation to the covid-19 pandemic.
The ‘free of charge’ date amendment must be as a result of UK government covid-19 legal restrictions.