Show Text
Hide Text
Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be a legally binding contract subject to the following non-negotiable terms and conditions of booking:

1. Introduction

1.1 Any booking contract is made between the Client and Jam Sandwich (“the Booking”).

2. Confirming the Booking

2.1 All bookings take effect immediately upon acceptance of the Booking by BOTH the Client and Jam Sandwich, whether orally, electronically or in writing ("Confirmation").

2.2 A Deposit of £500 is agreed to be due on Confirmation.

2.3 The fact that a contract has not been signed or returned is not sufficient to invalidate the Booking or acceptance of these terms and conditions.

3. Payment of fees

3.1 The total cost is inclusive of reasonable expenses, including but not being limited to Jam Sandwich's reasonable travel time and cost (“Performance Cost”). A break down of the Performance Cost can be provided on request, setting out the actual fee payable for the performance (“the Fee”), fees payable for travel, travel expenses and other expenses.

3.2 The Deposit is due strictly within 5 working days of invoice. Deposits can be paid by cheque or BACS transfer (details for payment are set out on or invoice). The Deposit is non-refundable.

3.3 Unless otherwise agreed by Jam Sandwich in writing, the Performance Cost is payable in cash on the Event Date.

3.4 If any fee which the Client is due to pay prior to the Event Date has not been received at least 5 working days before the Event Date, Jam Sandwich has the right to terminate the Booking without penalty and the Client will forfeit any other fees paid previously, and remain liable for any cancellation fees due (see clause 5 below).

4. Changes to contract

4.1 The agreed total cost may be subject to change if any details of the Booking are altered (by agreement with both the Client and Jam Sandwich).

4.2 All changes to the Booking must be arranged and agreed by Jam Sandwich in advance of the Event Date.

5. Cancellation by the Client

THE CLIENT'S ATTENTION IS DRAWN SPECIFICALLY TO THIS CLAUSE.

5.1 The Client shall have the right to terminate the Booking only in the case of a Force Majeure Event (as defined by clause 16) provided that the Client informs Jam Sandwich as soon as reasonably practicable on becoming aware of the Force Majeure Event.

5.2 Where the Client has terminated (or is deemed to have terminated) the Booking, Jam Sandwich shall use all reasonable endeavours to secure an alternative booking on the Event Date.

5.3 If the Client does not cancel the Booking in accordance with clause 5.1 or for any reason other than a Force Majeure Event the Client shall be liable to pay a cancellation fee, in addition to loss of the Deposit.

5.3.1 Any cancellation fee payable is calculated as follows:

CANCELLATION PERIOD CANCELLATION FEE
less than 48 hours after Confirmation and 7 days or more before Event Date nil
90 days or more before Event Date 50% of Balance
61 days or more before Event Date 75% of Balance
within 60 days of Event Date 100% of Balance

5.3.2 Where Jam Sandwich is able to secure an alternative booking, the Fee from which the cancellation fee is calculated shall be reduced by the amount of the fee (being in respect of the performance only) from the new booking.

5.4 All cancellation fees shall be paid within 14 days of the invoice date.

5.5 It is the Client's responsibility to ensure their venue at the Event address can accommodate Jam Sandwich and non-performance of the Booking by Jam Sandwich due to venue restrictions shall result in the Client being liable to pay the Performance Cost.

6. Cancellation by Jam Sandwich

6.1 Jam Sandwich shall have the right to terminate the Booking only on the occurrence of a Force Majeure Event.

6.2 Jam Sandwich shall inform the Client as soon as reasonably practicable on becoming aware of the Force Majeure Event. Jam Sandwich agrees to refund the Client the Deposit plus any other fees already paid in advance.

6.3 Without prejudice to any other rights the Client may have, should Jam Sandwich purport to terminate the Booking for any reason other than a Force Majeure Event, Jam Sandwich shall not be liable for any loss, damage, cost or expense arising out of the breach, which was not reasonably foreseeable by Jam Sandwich at the date of Confirmation.

7. Late payment of deposit

7.1 Failure by the Client to pay the Deposit within the terms specified will be deemed to be termination of the Booking by the Client and clause 5.3 shall apply.

8. Late payment of the balance

8.1 Failure by the Client to pay Jam Sandwich within the terms specified will result in interest being charged on the balance due.

8.2 Jam Sandwich reserves the right to charge interest of 15% on late payments.

9. Changes on the Event Date

9.1 Where possible, changes to the Booking which are unavoidable on the Event Date should be agreed between the Client and Jam Sandwich prior to the performance.

9.2 Any changes will be subject to these terms and conditions.

10. Delayed event schedules and late finish fees

10.1 If due to the late running of or alterations to the Event schedule (which is no fault of Jam Sandwich), Jam Sandwich is not able to perform their full performance time within the schedule outlined in the Booking, there will be no reduction in the Performance Cost.

10.2 If the Event runs late and Jam Sandwich is asked and agrees to finish later than the agreed finish time, and Jam Sandwich does not agree an additional charge, then 10% of the total balance due per ½ hour over run, payable on the Event Date by the Client to Jam Sandwich in cash, shall become due as a late finish fee.

10.3 Jam Sandwich retains the right to refuse to finish later than the contracted finish time without penalty.

11. Extended performance fees

11.1 If the Event schedule is changed on the Event Date and Jam Sandwich is required and agrees to perform for longer than the agreed performance times and no additional charge is agreed by Jam Sandwich on the Event Date, 25% of the total balance for every 25% that the originally agreed performance times are extended, payable by the Client to Jam Sandwich in cash on the Event Date, shall become due as an extended performance fee.

11.2 Jam Sandwich retains the right to refuse to extend performance times without penalty.

12. Expenses

12.1 If the Booking includes a schedule containing Jam Sandwich's requirements for food, accommodation, dressing rooms, technical specifications etc, then the Client shall meet such requirements at its own expense.

12.2 If the Client has agreed to cover additional expenses incurred by Jam Sandwich (including but not being limited to travel, refreshments, rehearsal time, accommodation) Jam Sandwich will provide receipts and an invoice to the Client within 60 days after the Event Date.

12.3 The Client shall reimburse all expenses to Jam Sandwich within 28 days of receipt of the invoice.

13. Sound limiters & volume

13.1 The adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires should the Client request such an adjustment.

13.2 Jam Sandwich cannot guarantee the quality of its performance should the volume be reduced below the level of any unamplified drum kit and/or backline instruments.

13.3 Jam Sandwich cannot be held responsible for non-performance in circumstances where a sound limiter is set so low that live music performance is not possible for an artist of its type.

14. Artist equipment

14.1 It is agreed by the Client and Jam Sandwich that Jam Sandwich’s equipment and instruments are not available for use by other performers or persons without the written consent of the Jam Sandwich.

15. Use of alternative/deputy performers

15.1 This clause covers any person or persons who stand in for one or more of Jam Sandwich’s standard group of performers should they be unable to perform.

15.2 Jam Sandwich will perform using their standard group of performers as advertised to the Client unless otherwise agreed by the Client in advance, or it is necessary due to a Force Majeure Event. Jam Sandwich agrees that any deputy performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the deputy will have a good knowledge of the Jam Sandwich’s repertoire, and represent Jam Sandwich to the same high standard that is expected by the Client.

15.3 Jam Sandwich agrees that if a standard performer is ill and a suitable deputy performer is available, provided that this performer can satisfy the conditions of competence outlined above, Jam Sandwich shall use the services of the deputy performer rather than cancel the booking.

15.5 If the Client is not happy with a proposed deputy performer, it has the right to cancel the booking without penalty and Jam Sandwich shall be considered as having cancelled the Booking and clause 6 shall apply.

15.6 There will be no reduction in Jam Sandwich's fee if a deputy performer is used.

16. Force Majeure Event

16.1 A "Force Majeure Event" occurs where a party is unable to comply with its obligations under the Booking and these terms and conditions for a reason outside of its control (such as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God) and which is not attributable to any act or failure to take preventive action by Jam Sandwich or Client.

17. General

17.1 The Booking may be executed in any number of counterparts each of which when executed and delivered is an original but all the counterparts together shall constitute the same document.

17.2 The parties agree that the Booking is governed by English law and hereby submit to the exclusive jurisdiction of the courts of England and Wales.