Musicians Booking Agreement (B2C)
This Musicians Booking Agreement (B2C) is designed for use by a band or group of musicians who accept bookings from clients to provide live music at a party, wedding, etc.
This template can be used where the band’s client:
- is a private individual (i.e. not a commercial enterprise, charity, voluntary or public body) who is a “consumer” as defined in the Consumer Rights Act 2015; and
- requires the band’s services for his/her own use; and
- provides the venue (such as a private home, reception hall, banqueting suite, room at a hotel or pub, community centre, or village hall) and it is owned by the client or hired by him/her for the occasion.
This form of document should not be used:
- if the client is not a consumer; or
- where the band provides the venue or organises the event at which the band is to play; or
- where the band provides any services other than the performance of live music.
Provisions are included in the agreement to regulate various matters which might, if the contract did not make the position clear, give rise to uncertainty or disputes. In particular, it sets out obligations and responsibilities of the client and the limits on your responsibilities as provider of a live musical performance. It also deals with:
- consumer rights
- information the client must fully and correctly provide before booking
- cancellation by you or the client in various circumstances
- changes requested to a booking after it has been made
- amendment of the amount of the bands’ fee where there are changes to a booking
- changes to the personnel comprising the band
- estimates of audience/guest numbers
- changes to fees if the actual numbers differ
- music requests
- fees for time additional to performance time booked
- timing of the band’s arrival, set up, packing up, performance and other timings
- use of electrical equipment
- outdoor performances
- suitability of both the venue and facilities to be provided by the client.
The document refers in a number of places to a “Booking Form” and we have included a template Booking Form in a Schedule that you can adapt to suit your own needs (or you might however design your own booking form instead).
The Booking Form is designed to spell out the client’s requirements and help facilitate the booking process which would be as follows. When you receive an enquiry for your services, amend the agreement as necessary and send it to your client. They sign it at the very end of the document, and then return it. You then sign it just above their signature, and you send the client a signed copy of the agreement. The next step is to discuss and provisionally agree details for the booking, and you partially complete the Booking Form (as indicated in it) and send it back unsigned to the client. The client then completes the remainder of the Booking Form, signs it, and returns it to you to agree and countersign.
Where the client is a business (i.e. non-consumer) client, you may find that the accompanying template in this subfolder, the Musicians Booking Agreement (B2B) will meet your needs. (For recorded music services, see instead the DJ Services Agreement in this subfolder).
This form of agreement can be used either as standard terms and conditions of contract for a band’s services generally or when the band is offering services to a particular client. You will in either case need to edit the various clauses of the document as appropriate to reflect the particular services offered and the terms on which they are offered.
This document has been updated with a simplified data protection clause which refers to a separate privacy notice, removing references to specific legislation for ease of use. Full details of personal data use should be provided in that document. You might wish to use our standard Privacy Notice for this purpose: you can find it by clicking here.
The template contains a substantial number of optional clauses and/or phrases. Optional phrases/clauses are enclosed in square brackets. These should be read carefully and selected so that they are compatible with one another. Unused options should be removed from the document.
These Musicians Booking Agreement (B2C) contain the following clauses:
- Definitions and Interpretation
- Booking Procedure
- Changes to Booking Details
- Fees and Payment
- Cancellation of the Performance and Consumer Rights
- Further Details of Our Obligations and Rights Relating to the Performance 7
- Your Obligations
- Events Beyond Our Reasonable Control
- Limitation of Liability
- Changes to Terms and Conditions
- How We Use Your Personal Information (Data Protection)
- Complaints and Feedback
- Law and Jurisdiction
Schedule: [Privacy Notice and] Booking Form
This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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