Terms of Business
In accordance with the Conduct of Employment Agencies and Employment Business Regulations Tartan Music require that all prospective clients and artists read and agree to our Terms of Business as detailed below. Tartan Music shall be referred to herein as T.M.
1. T.M. acts as an Employment Agency. T.M. acts only as a negotiator and is not party to the contract. For this reason we cannot accept responsibility for non-fulfilment or breach of any such contract. However, every reasonable safeguard will be taken to ensure that the Entertainer (or one of similar price and quality) will be provided and the needs of the Hirer met.
2. Whilst we endeavour to provide quality, reliable and professional entertainers T.M. cannot be held responsible for poor service direct from the entertainer. However, TM works with bands that provide a professional service.
3. When acting as an Employment Agency, T.M. charges a fee equivalent to an agreed percentage of the fee charged by the entertainer. This acts as a Deposit. Deposits are non-refundable.
4. All bookings are provisional until confirmed with payment (Deposits). Provisional bookings are only held for a period of 1 week unless otherwise agreed.
5. All outstanding fees (Entertainer’s fees) should go direct to the Entertainer upon their arrival on the day of the event and should be paid in cash or cheque format as agreed.
6. Cancellation of agreements negotiated through T.M. must be agreed to by all parties (the Hirer, T.M. and the entertainer). In the event of an agreed cancellation by the Hirer a fee on the following basis will be applied:
0 – 30 days prior to the event: 100%
31 – 45 days prior to the event: 75%
46 - 60 days prior to the event: 50%
61+ days prior to the event: Reservation Fee
The above cancellation fees are payable within 5 working days of the cancellation being notified to TM in writing.
7. In order to ensure that there are no non-appearances or let downs, all verbal agreements will be provisional until confirmed with payment - the Deposit.
8. The Hirer agrees to provide a suitable and safe performing area and as required, suitable changing facilities for the Entertainer. The Hirer must also ensure that where electrical equipment is to be used as part of the Artists performance, the electrical supply must meet or exceed British Standards.
9. Under certain circumstances (illness, accident or other events beyond our control) T.M. may have to replace an act with a substitute of similar price and quality without compensation. In the event that T.M. cannot find a suitable replacement due to such circumstances, T.M. cannot be held responsible for this and will only be subject to the return of fees. Any dispute arising from these negotiations will be resolved between the Hirer and Entertainer(s).
10. Tartan Music has the right to cancel all bookings providing that 28 days notice is given to the Hirer. In this event, TM will return any and all deposits paid directly to TM, however, will not be liable for any compensation and/or retrieval or fees paid direct to the Entertainer(s).
11. Any claims for liability prior to the engagement date, on the engagement date or thereafter, will not be entered into with T.M. and any claims made will be limited to the total fee amount agreed to and stated in the agreement.
12. Any negotiations made on the engagement day between the Hirer and Entertainer(s), including but not limited to, any payments made to the Entertainer(s) for playing time over and above the time stipulated in this agreement, will remain strictly between the Hirer and Entertainer(s). Any dispute arising from these negotiations will be resolved between the Hirer and the Entertainer(s). T.M. will not be held responsible for these negotiations nor any dispute that arises from them.
13. The Hirer agrees that all future bookings of the entertainer within the 12 month period following the initial booking will be done so through TM.
14. The Entertainer agrees not to take any future bookings within the 12 month period following the initial booking direct from the Hirer. Such bookings must be made through T.M.
15. The Entertainer will be responsible for their own Public Liability insurance and will produce on demand, any relevant equipment safety and insurance documentation i.e. PAT and PL certificates etc.
16. Any booking negotiated through TM is subject to these Terms of Business unless otherwise agreed in writing between all concerned parties. No servant or agent of T.M. has the power to vary these Terms of Business.