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 when you accept our quotation or from the date of any performance of the services (whichever happens earlier) and these Terms and Conditions and our quotation (The Contract) are the entire agreement between us.
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 endeavour to provide the core musicians displayed on our promotional material. However, due to additional commitments of our members, we cannot always guarantee a full core lineup. We have a ‘dep’ pool of professional replacement musicians that we use should the core musicians be unavailable.
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 feesincluding, 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.
We will invoice you for payment of the Fees:
An additional invoice or invoices may be sent for any extra services, also known as ‘addons’, which may be agreed with the client after the first or second invoice has been paid.
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 payment (the remaining balance) must be made within 10 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 10 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
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.
Receipts for payment will be issued by us only at your request. Confirmation will be given by email of both payment of deposit and payment of the outstanding balance after the transaction has been made.
All payments must be made in Pound Sterling unless otherwise agreed in writing between us.
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 in writing as soon as possible. We will use reasonable endeavours 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.
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.
We may utilise 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. Photography may be used for, but not limited to, website images or social media promotion.
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.
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.
All notices under these Terms and Conditions must be in writing and signed by, or on behalf, of the party giving notice (or a duly authorised officer of that party).
Notices shall be deemed to have been duly given:
All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
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, are also responsible for ensuring the audience and guests behave safety and responsibly and do not harm, threaten or intimidate the band members of Central Avenue Band or staff.
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 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 takes the safeguard and wellbeing of female and male musicians extremely seriously and will not tolerate any inappropriate sexual misconduct, threating or intimidating behaviour.