Licenses, Insurance & Certificates
Change of details & Cancellations By The Client
Cancellations By Dutty Rascals
Delay, Interruption Or Suspension Of Performance
“the Contract” – the Booking Confirmation Email, signed contract and these terms and conditions.
“us” “we” ”I” – Dutty Rascals
Sumantha McMahon, Weybridge, Surrey, KT139NZ acting for and on behalf of Dutty Rascals.
Band: any member of Dutty Rascals including the Band Leader.
“you” – the person as we reasonably believe to have purported to have made the Booking and as stated as being the Client on the Booking Confirmation Email.
“the Booking” – the arrangements for the Engagement initially agreed between you and us that we will passon to the Act Owner.
“the Booking Fee” – the cost of the Engagement to you, which does include all other reasonable expenseswhich may be set out in the Booking Confirmation Email.
“the Venue” – the performance venue named in the Booking Confirmation Email.
“the Engagement” – the performance engagement detailed in the Booking Confirmation Email.
“a force majeure event” – any extraordinary event or extraordinary circumstance beyond either your controlor the Act Owner’s control which includes Acts of God (including fire, flood, earthquake,storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities(regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation and government sanction.
“the Booking Confirmation Email” – the email that we send to you that sets out details relating to your booking.
The words “Dutty Rascals”, “band”, “we”, “our”, “ourselves”, “I” and “us” mean or refer to members of the band Dutty Rascals and any road, lighting, or sound crew with the band.
The words “our equipment” mean all electrical and mechanical devices, cases, musical instruments, cables, microphones, amplifiers, speakers, lighting, stands and accessories owned or hired by us and used in the live performance.
The words “the event” mean the whole of our time at the venue, including arrival, setting up, performance, breaks and breaking down and packing equipment away.
These terms and conditions form the entire contract between you and us.
If any term of this Contract is held by any court to be invalid or unenforceable, the remainder of its terms shall still remain in force.
You agree that you have the necessary licenses, insurance and certificates for us to perform including but not limited to:
It is the responsibility of each musician to hold appropriate public or personal liability insurance. Sumantha McMahon holds PL cover (up to £1m) and PI cover (up to £1m) for the Dutty Rascals.
We maintain, inspect, test and operate our equipment to ensure the safety of ourselves, the venue and its management, staff and clients. All of our electrical equipment is covered by current PAT certificates. We shall not be liable for any injury or damage arising from touching or attempted use of our equipment by the venue’s management, staff and clients.
You agree that you are responsible for the conduct of your clients, staff, and guests. If at any time during the event, we consider that our equipment or ourselves to be under threat, verbally or physically, we reserve the right to terminate the contract without notice. You agree that the full fee shall be payable to us in these circumstances.
You agree that it is your responsibility to ensure the venue is safe for us, your clients, management and staff and, to notify us of safety procedures applicable at the venue on or before our arrival.
You also agree to provide the following:
Once The Event has been confirmed electronically or in writing, the details will be subject to a legally binding contract consisting of the Booking Contract and our Terms & Conditions. The completion of the Booking Contract confirms the details of The Event and secures the engagement.
When the booking is confirmed we will allocate the date and booking time to you and turn down any subsequent offers of work. If you do not sign and return the contract within 48 hours we will make ourselves available for other subsequent offers of work which we reserve the right to accept without notice but will make reasonable attempts to advise you.
All deposits are non-refundable and non-transferable (unless at the discretion of the Band Leader).
Please see the Cancellations sections for associated information.
We will deduct the deposit payment from the final invoice.
We accept:
Details of payment will be available on the booking contract.
If you wish to pay all monies via PayPal or bank transfer, you can do so as long as you complete payment within 4 working days prior to The Event.
All payments must be paid in full. All payments are non-refundable unless otherwise stated.
Any change of details, for example, contact details, booking details etc, must be confirmed via e-mail or written correspondence. Dutty Rascals cannot guarantee availability for any changes made.
If you need to cancel, you must provide written notice at least 3 weeks prior to the booked date. Failure to provide at least 3 weeks notice will mean that the remainder of the total balance is payable by the booking date.
If you decide to ask us to stop playing during The Event you owe us the agreed outstanding fee.
In the rare circumstance that the Dutty Rascals need to cancel, we will endeavour to find you a replacement band, as similar to us as possible, or provide a full refund of all monies paid (including the deposit). For your peace of mind, this has never occurred.
The Band Leader agrees that if a standard performer (including the Band Leader) is ill or unforeseen circumstances result in a standard performer (including the Band Leader) not being able to attend The Event and a suitable deputy performer is available the Band Leader shall use the services of the deputy performer rather than cancel the booking.
In the unlikely event that the performance is delayed, curtailed or stopped due to events beyond our control, including but not limited to, equipment failure, power failure, noise/sound limiters, time restrictions, venue’s staff absence, smoke detector activation, closure of the venue by police, fire brigade or other public authority or, licensing/certification problems, you agree to pay the fee in full.
If parking at The Client’s venue requires paying or is permit restricted, arrangements must be made to ensure that the parking is paid for or provided, and the Band Leader must receive details of this arrangement in writing in advance.
If The Event is running late or the schedule is altered with is no fault of the Band and the Band is not able to perform their full performance time within the schedule outlined in the contract, there will be no reduction in the booking fee.
There are no travel charges if your chosen venue is within a 10 mile radius of Weybridge, Surrey. For venues outside that area you may incur travel costs. All costs will be stated prior to booking.
On the day of The Event the Dutty Rascals request to take photographs and video footage of The Event. These photographs will only be used for the sole purposes of, adding to the Dutty Rascal’s portfolio and in some cases publicity material. These photographs will not be used as or altered for inappropriate or offensive material. Examples of use include but are not limited to the Dutty Rascal’s associated websites, blogs, social networking sites and leaflets.
Dutty Rascals is neither an insurer nor a guarantor and disclaims all liability in such capacity. Clients seeking a guarantee against cancellation, loss or damage should obtain appropriate insurance.
Services are conducted on the basis of information, documents and/or samples provided by, or on behalf of, you (The Client) and solely for the benefit of you (The Client). Neither Dutty Rascals nor any of its officers, employees, agents or subcontractors shall be liable to Dutty Rascals nor any third party for any actions taken or not taken outside the remit of the service supplied nor for any problems arising from unclear, erroneous, incomplete, misleading or false information provided to Dutty Rascals.
You agree that you will fully indemnify us for damage, loss or confiscation of our equipment or instruments on your premises resulting from any act or omission on your part or, failure to comply with these terms and conditions.
Payment terms strictly thirty days from invoice date. In line with The Late Payment of Commercial Debt (Interest) Act (1988) I understand and will exercise my statutory right to interest and compensation for debt recovery costs under the late payment legislation if not paid according to agreed credit terms.
contact@duttyrascals.co.uk
07904 838156