1. The Musician(s) engaged are engaged for services and not for employment. The engagement is only for the period stated. This agreement reflects the terms and conditions as verbally agreed (including via email) between the Client and the Musician(s).
2. Wedding Music Scotland acts as a negotiator between the Client and the Musician(s) and is not party to this agreement. Wedding Music Scotland is not responsible for non-fulfilment of bookings or non-payment of fees. Wedding Music Scotland will assist in as much as proves possible in the replacement of the Musician(s) or the recovery of fees.
3. This agreement shall only be deemed accepted by the Client when the Client has signed and returned this agreement with the deposit as stated, within fourteen (14) days of issue and a Confirmation Number has been issued by Wedding Music Scotland.
4. Upon receipt of the Client's signed agreement, Wedding Music Scotland will issue the Booking Confirmation Number to the Musician(s). Only upon receipt of the Musician(s) signed, dated and numbered (with the Booking Confirmation Number) agreement will Wedding Music Scotland deem the agreement to be accepted by the Musician(s).
5. The Client agrees to pay the Musician(s) on the day of the engagement, the balance of the agreed fee in cash upon the Musician(s) arrival at the venue. If cash is not given to the Musician(s) on their arrival at the venue, or if a cheque is offered in lieu of cash:
a. The Musician(s) reserve the right to leave the venue without performing and without penalty, and the Client will still be liable to pay the Musician(s) the full balance due within 14 days.
b. If any method of payment, other than cash, is offered by the Client and accepted by the Musician(s) as payment for the balance of the agreed fee, such acceptance constitutes a new agreement between the Client and the Musician(s) and Wedding Music Scotland will not be held responsible for that new agreement or any dispute(s) that arise from it.
6. The Client may pre-pay the balance of the agreed fee no later than one (1) calendar month prior to the engagement or the date specified under the Pre-Payments section on this agreement. Pre-payments can be made by cheque or by bankers draft and must be made out to the Musicians name stated in Pre-Payments.
7. The Client has no right to demand the use of the Musician(s) equipment, instruments or props during the engagement. Requests to make a short speech or an announcement to guests will be considered by the Musician(s). Any decision will be at the discretion of the Musician(s). Any subsequent damage to the equipment, instruments or props resulting from this decision will the responsibility of the Client.
8. This agreement can be cancelled within fourteen (14) days of the date of issue, your 14 day cooling off period. The Musician(s) will be notified as soon as possible of this cancellation and no compensation will be entered into by Wedding Music Scotland.
9. Cancellation of this Agreement by the Client, outwith the 14 day cooling off period, will incur the following cancellation fees:
a. More than 90 days months prior to engagement date: loss of deposit paid.
b. 89 days to 31 days prior to engagement date: loss of deposit paid PLUS 75% of agreed fee less Musician(s) travel expenses.
c. 30 days or less prior to engagement date: loss of deposit paid PLUS 100% of agreed fee less Musician(s) travel expenses. Upon receipt of these cancellation fees, Wedding Music Scotland will forward these fees to the Musician(s). Wedding Music Scotland will retain any deposit paid and will not be liable to make any payment to the Musician(s). Cancellation fees must be paid within 14 days of the cancellation.
10. If by reason of strike, fire, war, riot, epidemic, civil commotion, national calamity, mechanical breakdown, order of the government or local authority, act of God, illness or other incapacity of the Musician(s) certified by a properly qualified medical practitioner, or other cause beyond the control of either party, the engagement is unable to proceed, this Agreement shall be null and void.
11. The leader or principal of the Musician(s) undertakes to appear personally throughout the engagement. Wedding Music Scotland accepts no responsibility for changes in the personnel or line-up of the Musician(s) agreed. In the event of illness, accident or unforeseen circumstances, the leader of the Musician(s) will take every reasonable step to replace the inconvenienced performer with someone of comparable quality. Wedding Music Scotland will assist in as much as proves possible in the replacement of the performer.
12. If, in the event of the Musician(s) being unable to attend the event on the day, due to unforeseen circumstances such as car breakdown or accident, and Wedding Music Scotland cannot find a suitable replacement, then Wedding Music Scotland will refund the deposit in full to the Client. The Musician(s) are responsible for returning their agreed fee, if pre-paid, to the Client immediately upon non-attendance of the engagement. No claims for travel expenses incurred will be accepted.
13. Any negotiations made on the performance day between the Client and Musician(s), including but not limited to, any payments made to the Musician(s), or playing time over and above the time stipulated in this Agreement, will remain strictly between the Client and Musician(s). Any dispute arising from these negotiations will be resolved by the Client, named above, and the Musician(s), named above. Wedding Music Scotland will not be held responsible for these negotiations nor any dispute that arises from them.
14. Any claims for liability prior to the engagement date, on the engagement date or any time thereafter, will not be entered into with Wedding Music Scotland and any claims will be limited to the total agreed fees stated in this agreement.
15. Wedding Music Scotland reserves the right to change these terms and conditions at any time, with 7 days written notice to both the Client and the Musician(s). Any objections to theses changes should be submitted in writing to Wedding Music Scotland.
16. Signatures on the overleaf page signifies acceptance of these Terms and Conditions of Business by both parties.