Key booking terms
- Booking Fee: 50% of the total Fee.
- Booking Fee due: within 7 days of invoice.
- Balance due: 6 calendar months before the Event.
- Bookings made within 6 calendar months: the full Fee is due within 7 days of invoice, or before the Event if sooner.
- Different payment arrangements: apply only where mutually agreed by both parties in writing.
- Event Booker cancellation: the Booking Fee is intended to be non-refundable, and cancellation within 6 calendar months may make up to the full Fee payable, in each case subject to these terms and applicable law.
- Performer unable to attend: James may first use reasonable endeavours to arrange a suitable professional deputy. If the contracted performance is ultimately cancelled by the Performer and not supplied by an agreed deputy, payments for services not supplied will be refunded.
- Changes to these terms or the booking: are effective only where mutually agreed by both parties in writing.
This summary highlights important provisions but does not replace the full terms below.
1. Parties, scope and interpretation
1.1 This Performance Agreement and Booking Terms (the “Agreement”) is between the person, company, organisation or other party identified on the booking confirmation and/or invoice (the “Event Booker”) and James Taylor (the “Performer”), operating under the name James Taylor Electric Violinist, for the provision of live musical performance services at the event described in the booking confirmation and/or invoice (the “Event”).
1.2 The Performer’s business contact details are:
1.3 This Agreement applies to all types of Event unless a particular provision clearly applies only in a specific situation.
1.4 The submitted confirmed-booking form, booking confirmation, invoice, this Agreement and any mutually agreed written variation together form the agreement between the parties.
1.5 References to “months” mean calendar months.
1.6 References to “in writing” include email and any other electronic method that creates a record capable of being retained by both parties.
2. Event details
2.1 The Performer will provide the performance and related services described in the booking confirmation and/or invoice at the agreed venue (the “Venue”), on the agreed date and at the agreed times.
2.2 The Event Booker is responsible for ensuring that the Event details supplied to the Performer are accurate and for promptly notifying the Performer of any material change.
2.3 Any change to the Event date, Venue, performance times, duration, services or other material booking details must be mutually agreed by both parties in writing.
2.4 Unless expressly and mutually agreed otherwise in writing, these terms remain in force in full.
3. Authority to book
3.1 Where the Event Booker enters into this Agreement on behalf of a company, charity, venue, school, public body, partnership, club, association, agent, event organiser or other organisation or third party, the Event Booker confirms that they have authority to enter into the Agreement on that party’s behalf.
3.2 Unless otherwise expressly agreed in writing, the person or organisation identified as the Event Booker on the invoice and booking confirmation is responsible for payment of the Fee and compliance with the Event Booker’s obligations under this Agreement.
4. Performance and musical content
4.1 The Performer will provide the agreed services with reasonable care and skill.
4.2 The Performer retains reasonable artistic discretion over repertoire, musical arrangements, running order, presentation, instruments, equipment and the manner in which the performance is delivered.
4.3 The Event Booker may submit repertoire requests and preferences. The Performer will use reasonable endeavours to accommodate suitable requests but cannot guarantee that every request will be performed unless a particular piece has been expressly agreed in writing as part of the booking.
4.4 The Performer may decline a requested piece where it is reasonably considered unsuitable for the Event, the available instrumentation, the performance format or the circumstances of the performance.
5. Fee, Booking Fee and payment
5.1 The total price for the booking (the “Fee”) is the amount stated on the invoice.
5.2 A Booking Fee equal to 50% of the total Fee is payable within 7 days of the invoice.
5.3 The Event date is not reserved and no binding booking is formed until the Booking Fee has been received in cleared funds, unless the Performer expressly agrees otherwise in writing.
5.4 The remaining balance is payable no later than 6 calendar months before the Event.
5.5 Where a booking is made within 6 calendar months of the Event, the full Fee is payable within 7 days of the invoice, or before the Event if sooner, unless otherwise mutually agreed in writing.
5.6 The payment dates and payment structure in this Agreement apply unless alternative arrangements are expressly and mutually agreed by both parties in writing.
5.7 Payment of the Booking Fee, payment of the full Fee, signature of this Agreement or express electronic acceptance of it constitutes acceptance of these terms.
6. Travel, accommodation, parking and other expenses
6.1 The quotation, booking confirmation and/or invoice will state the agreed price and, where relevant, whether travel, accommodation, parking or other Event-specific expenses are included in the Fee or are separately payable.
6.2 No additional travel, accommodation or parking charge will become payable merely because it was not disclosed at the time of booking. Additional costs may become payable where they arise from a later change requested by the Event Booker, previously undisclosed Venue requirements or another matter that is subsequently and mutually agreed in writing.
6.3 Where the booking requires parking to be provided by the Event Booker, the Event Booker must provide suitable parking or, where mutually agreed, reimburse reasonable parking charges incurred in connection with the Event.
7. Nature of the Booking Fee
7.1 The Booking Fee reserves the agreed Event date and reflects the Performer setting aside that date, undertaking booking administration and preparation and potentially declining other work for the same date or period.
7.2 Where the Event Booker cancels the booking, the Booking Fee is intended to be non-refundable except where:
- this Agreement expressly provides otherwise;
- the Performer cancels the booking and the performance is not supplied by an agreed deputy or other mutually agreed arrangement; or
- applicable law requires some or all of the Booking Fee to be repaid.
7.3 Where the Event Booker is acting as a consumer, any amount retained following cancellation will not exceed the amount the Performer is lawfully entitled to retain, having regard to reasonable net loss arising directly from the cancellation, costs saved and reasonable opportunities to reduce that loss.
8. Cancellation by the Event Booker
8.1 Cancellation must be given to the Performer in writing. The effective cancellation date is the date on which the Performer receives the written cancellation.
More than 6 calendar months before the Event
8.2 Where cancellation is received more than 6 calendar months before the Event, the Booking Fee may be retained, subject to clause 7 and applicable law.
6 calendar months or less before the Event
8.3 Where cancellation is received 6 calendar months or less before the Event, up to the full Fee may become due and payable, subject to applicable law and the Performer taking reasonable steps to reduce the resulting loss.
8.4 When determining the amount that may properly be retained or remain payable following cancellation, relevant matters may include:
- the proximity of the cancellation to the Event;
- work already undertaken in connection with the booking;
- bookings or enquiries declined because the Event date had been reserved;
- whether the Event date can reasonably be resold;
- income obtained from any replacement booking for the relevant date;
- expenditure or other costs avoided because the Event will no longer take place; and
- the Performer’s reasonable net loss resulting directly from the cancellation.
8.5 The Performer will not seek to recover twice for the same loss.
8.6 Where an amount already paid exceeds the amount the Performer is lawfully entitled to retain following cancellation, the excess will be refunded in accordance with clause 34.
9. Non-payment
9.1 If a payment is not received by its due date, the Performer may notify the Event Booker that payment is overdue and specify a reasonable period within which it must be paid.
9.2 If the outstanding amount remains unpaid after that period, the Performer may terminate the booking.
9.3 Where a booking is terminated because of the Event Booker’s failure to pay, it will be treated as a cancellation by the Event Booker and clause 8 will apply.
10. Changes, postponement and rescheduling
10.1 The Event Booker has no automatic right to transfer the booking to another date, Venue or Event.
10.2 A requested change of date will ordinarily be treated as cancellation of the original booking unless the Performer agrees in writing to transfer the booking.
10.3 Any transfer or postponement is subject to the Performer being available, agreement on the revised Event details, any reasonable change in the Fee resulting from the new date, Venue, timings, travel, accommodation, parking or services, and any other conditions mutually agreed between the parties.
10.4 Where a booking is transferred, sums already paid will be dealt with in accordance with the mutually agreed written rescheduling arrangement.
10.5 If the booked Venue becomes unavailable, the Event Booker must notify the Performer as soon as reasonably practicable. The parties may mutually agree an alternative Venue. If no suitable alternative is agreed, the cancellation provisions will apply unless the circumstances properly fall within clause 13.
10.6 No variation, postponement or rescheduling is binding unless mutually agreed by both parties in writing.
12. Cancellation by the Performer
12.1 Except where clause 11 or clause 13 applies, the Performer may only cancel where there is a genuine and reasonable basis for doing so.
12.2 Where the Performer cancels and does not provide an agreed deputy or another mutually agreed equivalent service, payments received for the cancelled performance will be refunded in accordance with clause 34.
12.3 Nothing in this clause limits any remedy that cannot lawfully be excluded or restricted.
13. Circumstances beyond the parties’ reasonable control
13.1 Neither party will be treated as being in breach of this Agreement solely because performance becomes impossible due to an event genuinely beyond that party’s reasonable control.
13.2 Such circumstances may include, where genuinely outside the affected party’s reasonable control, serious accident or emergency, natural disaster, extreme or dangerous weather, fire, flood, structural failure, government prohibition or legal restriction, widespread transport disruption, civil disorder, terrorism or credible security threat, compulsory closure or evacuation of the Venue, or another event making lawful or safe performance impossible.
13.3 Performer illness, injury or emergency is dealt with under clause 11.
13.4 The affected party must notify the other party as soon as reasonably practicable.
13.5 Where reasonably possible, the parties will first discuss whether the Event can be rescheduled or another arrangement mutually agreed. Neither party is obliged to accept a replacement date or materially different arrangement.
13.6 If the Event cannot proceed and no alternative arrangement is mutually agreed, payments and liabilities will be dealt with in accordance with applicable law.
13.7 An Event Booker’s decision not to proceed with an Event which remains legally, practically and safely capable of proceeding will normally be treated as cancellation by the Event Booker rather than an event under this clause.
14. Venue, access and performance requirements
14.1 The Event Booker is responsible for ensuring that the Venue is aware of and permits the contracted performance.
14.2 The Event Booker must ensure that the Performer is provided with:
- a suitable, safe, stable and reasonably level performance area;
- adequate space for the Performer and required equipment;
- reasonable access for loading, unloading, setup and removal of equipment;
- suitable electrical power where required;
- a clean and reasonably secure environment;
- appropriate protection from weather and environmental conditions;
- any access credentials or permissions reasonably required; and
- convenient parking from approximately 2 hours before the Event until approximately 1 hour after the contracted performance, where parking is part of the agreed Venue arrangements.
14.3 The Event Booker is responsible for informing the Performer in advance of any material Venue restriction, including sound limiters, amplification or noise restrictions, curfews, access restrictions, electrical restrictions, stage or space restrictions, or other requirements imposed by the Venue or Event organiser.
14.4 The Performer will not be responsible for a reduction or alteration in the performance caused by restrictions that were not disclosed before the booking or which are imposed by the Venue and are outside the Performer’s reasonable control.
15. Outdoor performances
15.1 Where any part of the performance is intended to take place outdoors, the Event Booker must provide suitable protection for the Performer and all electrical, musical and amplification equipment.
15.2 The performance area must be protected from rain, water, excessive moisture, excessive direct sunlight, extreme temperatures, strong wind and any other condition that may create a risk to people or equipment.
15.3 The Performer has final discretion as to whether weather or environmental conditions are safe for the performance and equipment.
15.4 Where outdoor conditions are unsuitable, the Event Booker must provide a suitable alternative covered or indoor performance area where reasonably possible.
15.5 Where the Performer is ready and willing to perform but is prevented from doing so because the Event Booker or Venue has failed to provide reasonably suitable conditions, this will not ordinarily entitle the Event Booker to a refund, subject to applicable law.
16. Event timings and delays
16.1 Performance start and finish times are those stated in the booking confirmation or otherwise mutually agreed in writing.
16.2 The Performer will make reasonable allowance for ordinary Event delays where practicable.
16.3 The Performer is not obliged to extend the contracted finish time because the Event is running late.
16.4 Where delay caused by the Event Booker, Venue, guests, suppliers or the running of the Event reduces the available performance time, the Performer may perform for the remaining contracted period, shorten or adapt the performance, move the performance where reasonably practicable, or finish at the originally contracted finish time.
16.5 A reduction in performance time caused by circumstances for which the Performer is not responsible does not automatically entitle the Event Booker to a reduction in the Fee.
17. Additional performance time
17.1 Any performance beyond the contracted times is subject to the Performer’s availability, Venue permission, the Performer agreeing to continue and any additional Fee mutually agreed between the parties.
17.2 The Performer is under no obligation to provide additional or overtime performance unless it is expressly and mutually agreed.
18. Refreshments
18.1 Where the Performer is playing during a meal service, or where the contracted booking requires the Performer to remain at the Venue for more than 2 hours, the Event Booker will provide reasonable refreshments, including suitable non-alcoholic drinks.
18.2 Where catering arrangements or dietary requirements make a particular form of refreshment impracticable, the parties should agree a reasonable alternative.
19. Safety and conduct
19.1 The Performer is not required to perform in circumstances that the Performer reasonably considers unsafe, unlawful, threatening or likely to cause injury or damage.
19.2 The Event Booker must take reasonable steps to ensure that guests and other persons attending the Event do not threaten, intimidate or abuse the Performer, deliberately interfere with musical or electrical equipment, create an unreasonable risk of injury or damage, or repeatedly prevent the performance from taking place.
19.3 If a serious safety or conduct problem arises, the Performer may temporarily stop the performance and request that the problem be addressed.
19.4 If a serious problem is not remedied within a reasonable time, or there is an immediate threat to safety, the Performer may end the performance and leave the Venue.
19.5 Where the performance is ended because of serious conduct or circumstances attributable to the Event Booker or persons for whom the Event Booker is legally responsible, the Performer will not ordinarily be required to refund the Fee, subject to applicable law.
20. Instruments, equipment and technical failure
20.1 Musical instruments, amplification equipment and other equipment belonging to the Performer remain the Performer’s property at all times.
20.2 The Event Booker must take reasonable steps to prevent guests or other persons from handling, moving or interfering with the Performer’s equipment without permission.
20.3 The Event Booker will be responsible for the reasonable cost of repairing or replacing equipment to the extent that damage is directly caused by the negligent or deliberate act or omission of the Event Booker or a person for whom the Event Booker is legally responsible.
20.4 This clause does not make the Event Booker responsible for ordinary wear and tear, inherent equipment failure or damage caused by the Performer.
20.5 The Performer will take reasonable care to maintain appropriate instruments and equipment and, where reasonably practicable, contingency arrangements. If unexpected technical or equipment failure occurs, the Performer will use reasonable endeavours to continue or resume the performance using replacement, alternative or adapted equipment where reasonably practicable.
21. Licences, permissions and Venue requirements
21.1 The Event Booker is responsible for ensuring that the Event and Venue have any permissions, licences or consents that the Event Booker or Venue is legally required to obtain.
21.2 The Performer is responsible for any permission, licence or insurance that is legally the Performer’s own responsibility.
21.3 Neither party is required to accept responsibility for an obligation that legally belongs to the other party or to the Venue.
22. Professional credentials, safeguarding and insurance
22.1 At the date these terms were last updated, the Performer holds an Enhanced DBS certificate including a Children’s Barred List check.
22.2 The Performer holds public liability insurance through the Musicians’ Union.
Musicians’ Union membership number: 1040896
Public liability insurance policy number: 100587247 CCI
22.3 Evidence of relevant DBS status or insurance may be provided to an Event Booker, Venue, school or organiser where reasonably required and appropriate.
22.4 Unless expressly contracted to provide supervision, the Performer does not assume responsibility for the care or supervision of children or vulnerable persons attending the Event. Appropriate supervision remains the responsibility of the Event Booker, Venue and/or responsible adults.
23. Additional musicians and subcontracting
23.1 Where the booking confirmation expressly includes additional musicians or performers, the Performer may engage those persons as subcontractors or collaborating performers for the purpose of providing the agreed performance.
23.2 The Performer remains responsible for the provision of the contracted services, subject to the terms of this Agreement.
23.3 This clause is separate from clause 11, which deals with a deputy where James Taylor is unable to perform personally.
24. Photography, video, streaming and recording
24.1 Ordinary personal photography and short personal video recordings by guests are permitted unless otherwise agreed or restricted by the Event or Venue.
24.2 Professional recording, commercial filming, broadcast, live streaming or use of the performance for commercial content must be discussed with the Performer in advance.
24.3 No recording of the performance may be commercially exploited in a way that infringes the Performer’s rights or the rights of composers, publishers, record companies or other rights holders.
24.4 Nothing in this Agreement gives the Performer automatic permission to publish identifiable images or recordings of the Event Booker or guests for promotional purposes where separate permission is required.
25. Liability
25.1 The Performer will provide the contracted services with reasonable care and skill.
25.2 The Performer will not be responsible for loss or failure caused solely by circumstances outside the Performer’s reasonable control.
25.3 The Performer will not be responsible for a failure or limitation resulting from Venue restrictions, undisclosed sound or access restrictions, failures in facilities supplied by the Venue or Event Booker, Event delays not caused by the Performer, or acts or omissions of third parties outside the Performer’s reasonable control, except to the extent that the law provides otherwise.
25.4 Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, the obligation to exercise reasonable care and skill, or any liability or statutory right that cannot lawfully be excluded or restricted.
26. Consumer rights
26.1 Where the Event Booker is acting as a consumer, nothing in this Agreement affects statutory consumer rights.
26.2 Any provision of this Agreement that would otherwise conflict with a mandatory consumer right will apply only to the extent permitted by law.
26.3 Where applicable consumer law requires a refund, price reduction, repeat performance or another remedy, this Agreement does not remove that entitlement.
26.4 Consumer-specific protections do not apply merely because an individual signs on behalf of a business or organisation; however, all other applicable provisions of this Agreement continue to apply.
27. Distance and online bookings
27.1 Where the Agreement is entered into by telephone, email, online or otherwise at a distance, any statutory cancellation rights that apply to the particular booking remain unaffected.
27.2 Where a consumer booking is for services related to leisure activities to be supplied on a specific date or during a specific period, the statutory cancellation right that otherwise applies to some distance contracts may not apply.
28. Personal information
28.1 Personal information provided in connection with the booking may be used for administration and performance of the Event, invoicing, payment, communication, legal and record-keeping purposes.
28.2 Personal information will be handled in accordance with the Performer’s Privacy Policy and applicable data-protection law.
29. Complaints and disputes
29.1 If either party believes there has been a breach of this Agreement, that party should notify the other as soon as reasonably practicable and provide enough information to allow the issue to be considered.
29.2 The parties will first attempt in good faith to resolve any dispute directly.
29.3 If a dispute cannot be resolved directly, the parties may mutually agree to use an appropriate independent mediation or alternative dispute resolution service.
29.4 Neither party is compelled by this Agreement to submit to arbitration.
29.5 Nothing in this clause prevents either party from exercising a lawful right to bring proceedings before a court of competent jurisdiction.
30. Communications and notices
30.1 Notices relating to cancellation, postponement, changes to the booking or disputes must be made in writing.
30.2 Email constitutes written communication for the purposes of this Agreement.
30.3 Each party is responsible for keeping the other informed of any material change to relevant contact details.
31. Entire agreement and variations
31.1 This Agreement, together with the booking confirmation, invoice and any subsequently agreed written variation, constitutes the agreement between the parties relating to the Event.
31.2 These terms remain in force unless a different arrangement is expressly and mutually agreed by both parties in writing.
31.3 Any variation to this Agreement must be agreed by both parties in writing, including by email.
31.4 A discussion, request or proposal that has not been accepted by both parties does not vary the Agreement.
31.5 Any mutually agreed written variation applies only to the matter specifically varied. All other provisions remain in force.
32. No waiver
32.1 If either party does not immediately enforce a right under this Agreement, that does not mean the right has been waived.
32.2 A waiver relating to one particular occasion does not constitute a continuing waiver.
33. Severability
33.1 If any provision of this Agreement is held to be invalid, unlawful or unenforceable, it will be treated as modified to the minimum extent necessary or, if necessary, removed.
33.2 The remaining provisions will continue in force.
34. Refunds
34.1 Where a refund becomes due under this Agreement or applicable law, it will be made without undue delay and ordinarily within 14 days after the entitlement to the refund and the amount due have been established.
34.2 The Performer will not charge an administration or processing fee merely for making a refund that is due.
35. Third-party rights
35.1 Except where expressly stated otherwise, no person other than the Event Booker and Performer has a right to enforce this Agreement.
36. Governing law and jurisdiction
36.1 This Agreement is governed by the law of England and Wales.
36.2 Subject to any mandatory rights applicable to a consumer, the courts of England and Wales will have jurisdiction in relation to disputes arising from this Agreement.
36.3 Nothing in this clause deprives a consumer of any mandatory right relating to applicable law or jurisdiction.
37. Acceptance
37.1 By paying the Booking Fee or full Fee, signing this Agreement, or submitting the confirmed-booking form after positively accepting these terms electronically, the Event Booker confirms that they:
- have received or been given access to these terms before committing to the booking;
- have had the opportunity to read them;
- understand the payment and cancellation provisions;
- understand that a 50% Booking Fee is required to secure the Event date unless otherwise mutually agreed in writing;
- understand the circumstances in which payments may be retained following cancellation; and
- agree to be bound by this Agreement.
The Event Booker’s name or organisation, Event description, Event date, Venue, performance times, total Fee, Booking Fee, payment arrangement and any mutually agreed variations may be recorded in the submitted confirmed-booking form, booking confirmation and/or invoice and form part of this Agreement.