Booking Terms and Conditions
By booking us, you are entering into a binding contract for the supply of live music, and other agreed services, by Take 5ive 'Band' on a particular date and time for an agreed fee. These terms and conditions are intended to be resonable and appropriate to a booking. You agree that the following terms and conditions shall govern that contract, that these shall take precedence over any other terms and conditions and, Indian law shall govern their interprettation. The terms and conditions outlined bellow apply to all engagements.
DEFINITIONS
The words "you" or "your" mean or refer to the person(s) booking and the venue's management and staff.
The word Venue means the place at which the performance occurs and may be a building, grounds, hall or other construction used for the purpose of the performance.
The word “client” or “guests” mean or refer to members of the public at the venue whether present through admission (i.e., by ticket or fee) or not and any other performing artists booked by the venue.
The words “Take 5ive”, “band”, “we”, “our”, “ourselves” and “us” mean or refer to members of the band ‘Take 5ive’ 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.
DEPOSIT
For private events we require a proportion of the agreed fee in advance, currently 50% of the value of the event. Your booking deposit is non-refundable but once paid will secure the performance date & times as discussed and agreed.
ACCESS TO VENUE, SETUP, PACK DOWN
We require at least 60 - 120 minutes to set up prior to the performance and at least 60 minutes to pack down after the performance. You agree to inform us of any special access required to the venue so we can allow us a longer set up/break down period for our equipment. Discovery of access complications, such as non-ground level located performance areas or restricted access times, following the confirmation of your booking may result in additional fees being charged. PERFORMANCE START & COMPLETION TIMES In the case of the event running late, the booked finish time for ‘Take 5ive’ is still the time of completion. ie ‘Take 5ive’ is booked to play at 8pm till 11pm. Speeches go on till 9pm, ‘Take 5ive’ commences at 9.10pm completion time is still 11pm.
DURATION OF PERFORMANCE
Unless otherwise agreed in advance, the performance shall normally consist of 1 set of 90 minutes duration and a second set of 105 minutes separated by a break of 45 minutes. Where you require additional performance time not previously agreed, this shall be at our sole discretion and may be chargeable at a rate to be agreed at the time.
WHAT CONSTITUTES A BOOKING?
Once you have agreed & given the confirmation you’d like to go ahead with the booking, a nonrefundable deposit is then due for payment. Once paid this will secure your booking. We will immediately allocate the date to you and begin turning down any subsequent offers of work.
CANCELLATION BY YOU
If you book us and subsequently cancel, you owe us the agreed fee or part thereof as shown below (optionally waived at our sole discretion) and in addition to any previously paid deposits: Where cancellation is made by VERBAL, ELECTRONIC OR WRITTEN confirmation: • Where cancellation occurs within 12months or over before the event day, cancellation shall only incur the loss of the booking deposit and no additional fees will be due as 12 months is deemed a suitable amount of time to find an alternate booking. • Where cancellation occurs within 7-12months of the event 60% of the booking fee will be applicable. • Where cancellation occurs within 3-6months of the event 75% of the booking fee will be applicable. • Where cancellation occurs within 2 month of the event, 100% of the booking fee will be applicable. If you require us to stop playing because you decide it is not what you, the venue or any other party want, full payment is required. You agree to request any cancellation in writing to ryanandrade8704@gmail.com and that only we can confirm cancellation of your booking. We will provide this in writing via email.
CANCELLATION BY ‘Take 5ive’
We reserve the right to cancel for any reason though normally that will only occur because of circumstances beyond our control (e.g., illness, incapacity, breakdown of equipment or transportation or, extreme weather conditions). You agree that, if we cancel, we will not be liable for any cancellation fees or your losses. If this occurs, we will give you as much notice as possible and will try to help you with booking an alternative band if you wish.
DELAY, INTERRUPTION OR SUSPENSION OF PERFORMANCE
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.
INDEMNITY
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. All booking enquiries made via any form of electronic media, verbal or written are subject to these terms and conditions, by making the enquiry you agree to them. Clients enquiring by verbal communication or contacting us on mediums such as "WhatsApp" or "Facebook", etc. will be advised via email or via WhatsApp. Requesting a quote from ‘Take 5ive’ requires your acceptance of these terms and conditions unless you state otherwise at the time of the enquiry. Any discussions or negotiation of these terms and conditions will only be accepted when made in writing to ryanandrade8704@gmail.com
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