This is the agreement for a live musical performance, made between the client and the musician through PrestigeMusicians. The parts in braces are filled in for each booking from the fee, the date and the times the musician entered, and the numbers are written into the clauses from the same source so the agreement and the payment schedule cannot disagree.
The parties
You are {clientNames}, of {clientAddress}, reachable at {clientEmail} and {clientPhone}. The person who signs this agreement confirms that they have authority to sign it on behalf of everyone the booking is for, and that everything entered above is accurate.
The Artist is {artistName}, {artistInstrument}, of {artistAddress}, reachable at {artistEmail}. The Artist is an independent musician running their own business.
PrestigeMusicians (MILAN SYSTEMS, LLC, Texas, trading as PrestigeMusicians) introduced you, hosts this agreement, and provides the link through which it is signed and paid. It is not a party to this agreement, it does not perform, and it does not hold the money. Your dealings with PrestigeMusicians itself are under its Terms for couples and clients, which are separate from this agreement.
Performance details
- Event: {eventType} on {eventOn}
- Venue: {venue}, {city}
- What is played: {coverage}
- Booked from {start} to {end}
- Power or amplification needed: {requirements}
1. Payment
The Artist’s fee for this booking is {total}, and it includes any VAT that applies to it. A deposit of {deposit}% ({depositAmount}) is due when you sign, and it is what holds the date; until it is paid, the date stays open to other clients. The remaining {balance}% ({balanceAmount}) is due {balanceDays} days before the event, and a request for it is sent {noticeDays} days before. Both are paid by card or bank transfer through the link in this agreement, which pays the Artist directly through Stripe into the Artist’s own account. If the balance has not arrived seven days before the event, the Artist may treat the booking as canceled and keep the deposit.
2. Canceling
You can cancel by writing to the Artist, and the cancellation takes effect on the day it is received. The deposit is not refunded, because the date was held for you and other work was turned away. What else is owed depends on how much time the Artist has to find other work for the date. With more than {cancelEarlyDays} days’ notice, nothing beyond the deposit. With between {cancelEarlyDays} and {cancelLateDays} days’ notice, {cancelPart}% of the total. With less than {cancelLateDays} days’ notice, the full total. Whatever is still owed is due within 14 days; whatever has been paid beyond it is refunded within 14 days.
3. Moving the date
If you need to move the date, tell the Artist as soon as you know. If the Artist is free on the new date, this agreement moves to it on the same terms, once, at no extra cost. If the Artist is not free, or the date has already moved once, the original date counts as canceled under clause 2, and the new one needs a new agreement.
4. If the Artist cannot perform
If illness, injury or a failed journey means the Artist cannot perform, the Artist will tell you as soon as they know and will first try to send a musician of comparable standard, at no extra cost to you. If you accept, this agreement continues with them. If no one suitable can be found, or you would rather not, everything you have paid the Artist is refunded in full within 14 days. That refund is the whole of what the Artist owes you for not performing. The Artist plans to arrive with time to spare: where the event is reached by air, the Artist travels the day before.
5. Travel and accommodation
{travelClause}
Where travel is included (the default): The total includes the Artist’s travel, accommodation and meals in getting to and from the event. You will not be asked to pay for any of them.
Where travel is billed separately: Travel to and from the event and one night’s accommodation near the venue are arranged and paid for by you and are not included in the total. The Artist agrees the itinerary before it is booked, because the Artist carries the consequences if the journey fails. Where the event is reached by air, the Artist travels the day before, and that night is yours to cover.
6. On the day
The Artist is booked from {start} to {end}. If the day runs late, the Artist still finishes at the booked end time unless you both agree otherwise on the day; the Artist will help where they can, but may have a journey to make. Playing beyond the booked time is by agreement on the day, in half-hour blocks at {overtime} per half hour, and is paid through the same link within seven days after the event. Playing outdoors needs shelter from rain and direct sun, in place before the Artist arrives, and a level, dry surface; if there is none, the Artist may move indoors or not play that part, and the fee stays the same. Where the Artist needs power or amplification, it is listed under Performance Details. For bookings longer than three hours, please provide a meal and water.
7. The instrument
The Artist’s instrument is likely worth more than this booking. You are responsible for damage to it, or to the Artist’s equipment, caused by your guests, your suppliers or the venue, and for the cost of repair or replacement. The Artist is responsible for any damage the Artist causes to the venue.
8. Events beyond anyone’s control
If the event cannot go ahead because of something neither of you controls, such as severe weather that closes the venue, a government order, or a strike or closure that makes travel impossible, neither of you is in breach. You first try to move the date under clause 3. If no date can be agreed, everything you have paid is refunded, less travel costs the Artist has already paid for this booking and cannot get back, shown to you with receipts and never more than the deposit. Your own or a guest’s illness, a change of heart, or the venue canceling is not covered here; that is a cancellation under clause 2, and it is what wedding insurance is for.
9. Signing electronically
You both agree that this agreement may be signed electronically, that the typed name, the emailed code, the time, the internet address and browser recorded at signing, and the copy of this document kept at that moment, together are the signature and the record of it, and that they are as binding as ink on paper. Each of you can download a copy from the link at any time while it is open, and can ask the other or PrestigeMusicians for a copy afterwards.
10. Your rights as a consumer
Nothing in this agreement takes away rights you have as a consumer under the law of the country you live in. Because this is a service on a specific date, the fourteen-day right to cancel a contract made at a distance does not apply to it, and the date is held from the moment the deposit is paid.
11. Disputes and law
This agreement is governed by the law of {governingLaw}, and its courts settle any dispute. If you are a consumer in the European Union or the United Kingdom, you may instead bring a claim in the courts of your own country. If something goes wrong, you both agree to talk first, and to try to settle it between you before going anywhere else.
12. If part of this is unenforceable
If any part of this agreement turns out to be unenforceable, the rest still stands.
13. The whole agreement
This document, with the performance details above and the payment schedule shown on the signing page, is the whole agreement between you and the Artist for this booking. Anything agreed by email before signing that is not written here is not part of it; anything agreed afterwards needs to be in writing and confirmed by both of you.
Signatures
Signed by you: {clientSignatureName}, on {clientSignedAt}.
Countersigned by the Artist: {artistSignatureName}, on {artistSignedAt}.