These terms govern the relationship between you and PrestigeMusicians when you use the site, inquire about a musician, or book one through the roster. The agreement for the performance itself is a separate document between you and the musician; these terms explain how the two fit together.
“PrestigeMusicians” means MILAN SYSTEMS, LLC, a Texas limited liability company trading as PrestigeMusicians. “The musician”, or “the Artist”, means the independent musician about whom you inquire or whom you book.
1. What PrestigeMusicians is, and is not
PrestigeMusicians is a roster of musicians auditioned in person, and a place to inquire, agree terms, sign and pay. Every musician listed conducts their own business.
On booking, your contract is with the musician. The musician performs, is paid, and is responsible for the performance. PrestigeMusicians is not a party to that contract, does not perform, and does not hold your money.
2. Inquiring
An inquiry costs nothing and commits you to nothing. PrestigeMusicians passes it to the musician you selected, together with the particulars you gave, and that musician replies to you directly.
PrestigeMusicians works to ensure inquiries are answered, but a musician’s response time is the musician’s and not that of PrestigeMusicians, and an inquiry is not a booking.
3. The performance agreement
When you and the musician have agreed a fee, the musician sends you a link to a written agreement hosted by PrestigeMusicians. That page states the musician’s fee, the PrestigeMusicians service fee and the total before you sign, and you accept these terms on that page; signature is not possible without doing so.
The agreement uses the standard Performance Contract Terms, with the fee, the date, the times and the travel arrangement completed for your booking. It is the contract and should be read as such. You sign it by typing your full name and entering a code sent to your email address, and the musician countersigns. The date is held once the deposit is paid.
By signing on the site you agree that an electronic signature and an electronic copy of the agreement have the same effect as paper ones, and that PrestigeMusicians may send you everything concerning the booking by email. A paper copy may be requested at any time.
4. The service fee
For a booking made through the roster, PrestigeMusicians charges you a service fee of 5% of the musician’s fee. It pays for the introduction, the agreement, the signature process and the payment link. It is the fee of PrestigeMusicians rather than the musician’s, and forms no part of your agreement with the musician, which is for the musician’s fee alone.
It is disclosed from the first price shown to you. Every price on the roster and every total on the agreement page includes it and says so, and the payment page states it again as a separate line, so that nothing is added at the final step. Where the musician’s fee is 10,000, the service fee is 500 and the total payable is 10,500.
The service fee is charged with the deposit, in the same payment, and is not charged again. It is not refunded where you cancel. It is refunded in full where the musician cannot perform and no substitute is accepted, or where the event cannot proceed for reasons beyond the control of either party and no new date is agreed.
Where you are resident in the European Union, value added tax at the rate of your country is added to the service fee and shown with it, an online booking service being taxed where the customer is resident. PrestigeMusicians accounts for it under the European Union’s One Stop Shop scheme; the registration number appears in the Legal Notice. Value added tax on the musician’s own fee, where any applies, is the musician’s and is included in that fee.
By accepting these terms on the agreement page you agree to pay the service fee stated there. PrestigeMusicians records that acceptance, together with the amount shown, the time, and the internet protocol address from which it was made.
5. Payment
Every payment under the agreement — the deposit, the balance and any overtime — is made by card or bank transfer through Stripe, from the link in your agreement, directly into the musician’s own Stripe account.
The service fee of PrestigeMusicians is collected in the same payment as the deposit, shown as a separate line, and remitted by Stripe at that moment. PrestigeMusicians at no time holds your money, and the musician pays PrestigeMusicians for the introduction under a separate agreement which does not alter what you pay.
Payment through that link is the only means of payment under the agreement, because it is what enables both you and the musician to see what has been paid and when.
Stripe sends you a receipt for each payment. Your card particulars pass to Stripe and are never seen by PrestigeMusicians or by the musician.
6. Cancellation, postponement and refunds
The consequences of your canceling, of your needing to move the date, or of the musician being unable to perform are set out in the agreement and summarized in the Cancellation and Refund Policy.
In summary: the deposit holds the date and is not refunded where you cancel; what further sum is owed depends upon the notice given; the service fee of PrestigeMusicians is not refunded where you cancel; and where the musician cannot perform and no substitute is accepted, everything you paid is returned, the service fee included.
Refunds are made by the musician, from the musician’s Stripe account, to the card or account from which you paid, within fourteen days of the cancellation taking effect. Where a refund owed to you has not arrived within that period, notify bookings@prestigemusicians.com and PrestigeMusicians will take it up with the musician.
7. Failure by the musician
The musician is responsible for the performance. Where the musician does not attend, or the performance falls seriously short of what was agreed, your claim lies against the musician under the agreement.
PrestigeMusicians should also be notified. PrestigeMusicians will assist you in finding a substitute from the roster where there is time, will refund its service fee in full where the agreement entitles you to a full refund, will pursue the musician for sums owed to you where the musician does not pay them, and will determine whether the musician remains on the roster.
8. Your obligations
You confirm that the person signing the agreement has authority to sign it for every person the booking is for, that the information you provide is accurate, and that you will meet the conditions in the agreement concerning the venue, shelter, power and access. You will not use the site to transmit anything unlawful, abusive or deceptive.
9. Liability of PrestigeMusicians
PrestigeMusicians provides the introduction, the agreement, the signature process and the payment link. It is not the performer.
Where PrestigeMusicians fails in what it does provide, its liability to you in respect of any one booking is limited to the service fee for that booking. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for any matter which the law does not permit to be limited.
10. Your rights as a consumer
Nothing in these terms removes any right you hold as a consumer under the law of the country in which you reside. Where you reside in the European Union or the United Kingdom, those protections apply to your dealings with PrestigeMusicians whatever the governing law clause below provides.
Where you are a consumer in the European Union or the United Kingdom, the ordinary fourteen day right to cancel a contract concluded online does not apply to a performance booked for a specific date, and it is for that reason that the agreement is able to hold the date from the moment of signature.
11. Governing law and disputes
These terms are governed by the law of Texas, and PrestigeMusicians accepts the courts of Texas for any dispute arising under them. Where 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, and the consumer law of your own country continues to apply to you.
Before either party commences proceedings, both agree to write to the other setting out the matter in dispute and to attempt for thirty days to resolve it.
Disputes concerning the performance lie between you and the musician under the agreement, which contains its own governing law clause.
12. Variation
PrestigeMusicians may vary these terms. The version applying to a booking is the version you accepted on signature of the agreement, and it is recorded with your signature. Variations affecting future bookings take effect on publication here bearing a new date.
13. Contact
bookings@prestigemusicians.com, or by post at the address stated in the Legal Notice.