GOLDTSTREET MUSIC SCHOOL

TERMS AND CONDITIONS

1. When signing up for Lessons, Goldstreet Music School will work with the Customer to identify the day, time and venue availability for the lesson being sought.

Format of Lessons

• Customers will also be asked to indicate a preference for the format of the Lessons from the following options: a) In-Person Lessons; b) Online Lessons; or c) home-based Lessons.

        2.1. Online Lessons

Where Goldstreet Music School is able to accommodate requests, the Customer will be allocated a Teacher. Online Lesson times must then be agreed between the Teacher and the Customer via email. Online Lessons may take place between 8.am am and 6.30 pm Monday to Friday or between 9.00am and 5.00pm on Saturdays.

• Once the Lesson time has been agreed, the Customer will be emailed information about the payment process to be followed to secure the lesson. This email will include a Due Date by which the offer must be accepted and the booking secured. Failure to comply with the Due Date will see the lesson offer withdrawn and the allocated slot released.
• For all Lessons In the case of new Customers, once an initial payment for Lessons has been received, a welcome pack providing additional information ahead of your first Lesson will be emailed to you. We do not offer refunds or credits for lessons missed by the student, the only exception being an absence of 5 consecutive weeks due to illness when the fee for 5 lessons will normally be refunded on production of adequate proof.

Change of School Personnel

• Our educational motto is to maintain the long term consistency of teachers and students. However, Goldstreet Music School reserves the right to change Teachers for well-founded reasons e.g. retirement, maternity, long term absence, further studies etc. Customers therefore contract with Goldstreet Music School to provide Lessons and not for specific Teachers. Where Goldstreet Music School need to change the Teacher for any reason, the Customer will be notified accordingly.

Personal Data

• Goldstreet Music School will use the Customer’s name(s), address, telephone number, email address and payment details (your Personal Data) to process your booking.

Price and Payment Arrangements

• Customers can book individual Lessons or group lessons. Payment is made on a weekly, bi-weekly or monthly basis. If for any reason a cheque payment should fail, the Customer will receive a notification email advising there has been a problem with the payment. You are welcome to contact us should you be unsure of any payment details.

• If the lessons are being paid for by someone other than you, you are responsible for informing that person of our payment policies and deadlines and for relaying any communication with regard to re-booking or payments of any sort.

Refunds and Cancellations

• This clause applies to all formats of Lessons. You may cancel your contract with Goldstreet Music School within 5 days of receiving your first Lesson. If you cease to attend Lessons but do not provide written notification of cancellation within the stipulated time, you will continue to be charged for Lessons. Goldstreet Music School is under no obligation to provide a refund in the event of Customer absence or failure to attend a Lesson, for example due to sickness, holidays, school trips, bad weather, exams, medical appointments etc.
• If the Music School is closed, or a Teacher is unavailable to deliver a Lesson(s) for any reason, every effort will be made for the Lesson(s) to be rearranged at a later date. The School shall provide contingency dates in the Calendar for catch-up lessons. Refunds will only be issued if a Teacher is unable to make up the Lesson(s).

Guidance for all Online Lessons

1. The following guidance applies to Online Lessons. Lessons held online will take place on the Zoom platform, Skype or Goggle Meet, using the Meetings function Apps. The App must be downloaded onto a suitable device and used by an adult, using an adult’s email account.
2. If the pupil is a child under 18 years of age: • Lessons will only be scheduled with the consent of an adult. Consent is to be confirmed by agreeing to the terms and conditions of Goldstreet Music School.
   1. An appropriate household space must be used for the lesson. • If the pupil is a child of primary school age, an adult must accept and acknowledge the video call. • If there is no adult present in the home, or the lesson is taking place in an unsuitable room, the School administrator will contact the parent or guardian.
3. Pupil progress will be tracked and pupils are still expected to complete the practice requirements.

Notice period for rearranging Online Lessons

1. Customers partaking in Online Lessons have the ability to rearrange an Online Lesson by providing a minimum of 24 hours’ notice prior to the Lesson required to be rearranged via email followed by a phone call to your Teacher.
2. Goldstreet Music School will then endeavor to rearrange the Lesson. If the Lesson cannot be rearranged, the Lesson will be cancelled without charge. Where less than 24 hours’ notice is provided of the need to rearrange a Lesson, Goldstreet Music School will seek to rearrange the Lesson if possible. Where the Lesson cannot be rearranged, the Customer will still be charged the full price for the Lesson.

Complaints

1. If you are dissatisfied with any aspect of the Lessons, level of customer service or our performance of this agreement, please send your complaint in writing to the Head of Music School by email (admin@goldstreethouseofmusic.com). Any verdict reached by Goldstreet Music School arising from the Terms shall be final. If you feel your complaint is not fully resolved or if you remain dissatisfied, we will escalate your complaint to the School Director.

Conditions for Instrument Loan

1. Instruments can only be loaned to a Customer receiving Lessons from Goldstreet Music School. Typically, our instrument loan scheme is for the purpose of allowing Customers to access musical instruments without the burden of cost in the initial stages of their learning. In order that Goldstreet Music School can keep providing these instruments for beginners, we cannot offer an indefinite loan. The free loan of a standard student model instrument is offered, where possible, for the first Year; any extension to the loan period is agreed at the discretion of the Music School and subject to availability of instruments.
2. Repairs for general wear and tear will be assessed, paid for and undertaken by Goldstreet Music School. Repairs advice must be sought from the Teacher before taking any action. Goldstreet Music School will not be liable for the cost of repairs undertaken without prior approval from the School. All instruments must be maintained by the Customer and must be returned in the same condition that they were received. Customers must keep the instrument protected from theft.
3. In the event of cancellation, or non-continuation of lessons, any loan instrument must be returned by the Customer to their Music School Teacher within 3 days after the end of your Lessons. In the event that the Customer fails to return the loan instrument within the agreed timescale, Goldstreet Music School will claim from the Customer the full market value of a replacement instrument.

Exclusion of Liability

• Goldstreet Music School does not accept liability for loss or damage to Customer’s instruments or personal possessions. It is your responsibility to take care of these items.

Behavior

• All Customers are expected to behave in a responsible and courteous manner within the Music School at all times and to attend Lessons regularly.

Teachers

• All Teachers are highly qualified, trained and subject to Goldstreet Music School rigorous employment checks. Goldstreet Music School monitors quality and provides continuing professional development for all staff. Observation of Teachers’ work for routine performance management may take place during your Lesson. This is non-intrusive to the Lesson content, pace or flow.

Safeguarding

• Goldstreet Music School is committed to the highest standards in promoting the welfare of children and adults and protecting them from harm at all times. The school ensures that all Teachers and staff have excellent clearance checks. All staff have a responsibility to provide a safe environment in which individuals can learn.

Supervision

• A waiting area is provided at the Music School venues should parents wish to remain onsite during Lessons. This waiting area is not staffed. Goldstreet Music School only accepts responsibility for children/young people during actual Lesson time. At all other times, responsibility lies with the parents/guardians.

Resources

• Customers may be required to purchase music books/scores and any relevant accessories as required to support their learning. As individual learning requirements are different please speak to your Teacher about any additional support materials that you may need.

Examinations

• Goldstreet Music School may schedule examinations with external examiners like LCM or ABRSM. Your Teacher will advise on the appropriate time and level of examination should you wish to pursue formal instrumental/vocal attainment. Customers are expected to pay any examination fees and to make arrangements for accompanists, as appropriate.

Music School Concerts

• From time to time, the Music School will organize informal concerts to celebrate success and progress as well as facilitating the opportunity to gain essential performance experience. Taking part in a concert of this kind with the teacher’s support would be in the place of a lesson for that week.

Goldstreet Music School reserves the right to review these terms from time to time, normally at the end of the year.

BEYOND PRODUCTIONS

TERMS AND CONDITIONS

All services and facilities offered by Beyond Productions are subject to these Terms and Conditions, and no servant or agent of Beyond Productions has the right to vary these Terms and Conditions verbally or otherwise or to make any warranties and/or representations on behalf of the Company other than as expressly set out herein.

1. GENERAL

a. Headings used in this agreement are purely for ease of reference and do not form any part of or affect the interpretation of this agreement.

b. The provisions of this agreement shall remain valid and binding between the parties.

 c. This agreement contains the entire agreement between Beyond Productions and the Client with respect to its subject matter, and supersedes all previous agreements and understandings between Beyond Productions and the Client, and it may not be modified except by another instrument in writing duly signed by the authorized representatives of both parties.

d. The parties agree and confirm that it is not their intention that any third party be entitled to enforce any term of this agreement which may confer a benefit upon that third party.

e. Unless otherwise notified to Beyond Productions in writing, the Client shall allow Beyond Productions to use any and all finished projects for its own PR and marketing purposes after the date of first transmission to the public in any media.

• STUDIO TERMS AND CONDITIONS

No recordings or associated files will be released by Beyond Productions until the client has signed a RECORDING RELEASE STATEMENT FORM as issued by Beyond Productions.

1. Booking a recording session
2. Session bookings, times and dates are subject to availability and approval from a member of Beyond Productions. Beyond Productions reserve the right to refuse and reschedule any confirmed bookings.
3. Bookings are made by the following methods. Goldstreethouseofmusic.com –                       Phone:  0722-788-014 or 0708-687-660 Email:info@goldstreethouseofmusic.com and are not valid until confirmed and a deposit paid. Working days are Monday to Saturday and from 9.00am to 6.00pm, but excluding any statutory Public Holidays.

 b. Payment

 a. Subject to the further provisions contained in this condition, the Client shall unless otherwise expressly agreed in writing by Beyond Productions pay for the facilities and services supplied to them at the rates shown in the relevant estimate.

 b. All the payments shall be made within 21 days from the date of the invoice. Beyond Productions reserves the right to require any Client to make full or part payment prior to the performance of the booking by Beyond Productions.

c. In the event of default in payment by the Client, Beyond Productions shall be entitled without prejudice to any other right or remedy, to suspend any further performance of or deliveries under any contract or contracts between Beyond Productions and the Client without notice.

d. In the event of late payment (or non-payment) Beyond Productions is entitled at its sole discretion to charge interest on any amount outstanding from the due date of payment.

e. No deliverables, masters or rights in any project shall be released without the prior settlement of any outstanding payment.

f. All fees will be subject to VAT at the applicable rate which will be added to any request for payment.

g. Payment can be made with cash or via Safaricom Paybill. It is the responsibility of the artist to cover the cost of each session in full either in advance or on the day of the session. A 50% deposit is required to confirm all bookings by phone or when booking online, payment will be taken IN FULL. This deposit is non-refundable or transferable. The remainder of the studio bill should be paid in full on the first day of your session.

 h. Late payment will lead to an additional fee, and refusal to pay may lead to prosecution.

i. No Call/No shows that have paid deposit will result in loss of monies and time to the studio making the deposit non-refundable.

j. Failure to produce full payment will result in the studio withholding session time, all copies of recordings, masters or session files until all fees have been paid and funds have cleared. You must pay for the full amount of hours you book.

k. If the recording session is broken up over a period of time (8hrs+), payment will be required either in advance or in installments to cover time that has been used.

l. Beyond Productions management reserves the right to implement these payment terms where applicable.

m. All session files are deleted from Beyond Production’s hard drives 90 days after session completion unless otherwise specified. Please bring a backup storage device if you require your multi-tracks.

• Mixing

Mixing of a song (or number of songs) is to be paid 100% prior to commencement of the mixing process as per quoted mixing time. Should the artist request small adjustments to the mix (such as vocal level etc.) this can be discussed with the engineer and are usually free of charge. However additional work will be charged at the normal mixing rate. If the client is unable to review mixes at Beyond Productions and requires a copy sent to them for approval purposes, only an mP3 version at no higher than 160kbps will be provided prior to final mix approval.

The client does not have the authority to release these files in any capacity until they have signed the RECORDING RELEASE STATEMENT FORM detailing that the Client agrees to have accepted all final goods.

Mixing time can vary from song to song depending on the project. Track count, instrument types, editing and various other factors can alter the amount of time required to complete a mix. Is the song intended as a demo or commercial release? We encourage contacting Beyond Productions and speaking with one of our Engineers to discuss your project for an estimate on time and costs.

Mixing usually begins after all parts are recorded, on a different day. This allows the Engineer to begin the mix process with fresh ears and often requires a resetting of equipment. With most projects, the bulk of the mixing usually takes place with only the engineer present until it is at a point where the songs are sounding at least 85% finished, when the artist will then sit in on a mix review for any required tweaks and/ or approval. No mixes or associated files will be released by Beyond Productions until the client has signed a POST PRODUCTION RELEASE STATEMENT FORM as issued by Beyond Productions.

• Performance, Delivery or Collection

The time for performance or delivery or availability for collection shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals from the Client. Alteration by the Client of its requirements may result in delay in performance, delivery and/or availability for collection for which Beyond Productions shall bear no liability.

• Limitation of Liability
• Beyond Productions shall not be liable for any loss or damage to any property of the Client while held at the Company’s premises, including (without limitation) and any kind of footage, whether supplied on hard drive, film or tape, howsoever arising, unless caused by the negligence or breach of duty of Beyond Productions or its employees, agents or sub-contractors
• All implied conditions and warranties, statutory or otherwise are hereby excluded.
• Beyond Productions shall not be liable in any circumstances for any loss of profit or other consequential loss suffered by the Client arising from work undertaken by Beyond Productions.
• The Client shall at times be liable to Beyond Productions and to those claiming through Beyond Productions for: –

i. Any injury to or death of any of Beyond Productions’ employees; and

 ii. any loss, damage or personal injury of any kind suffered by any third party, where such loss, damage or injury is occasioned by or arises out of any act or omission of Beyond Productions or its employees agents or sub-contractors as a result of carrying out the instructions of the Client, whether or not such injury, death, loss or damage arises as a result of any negligence on the part of Beyond Productions or its employees, agents or sub-contractors. The Client shall indemnify Beyond Productions against all claims, proceedings, actions and costs in respect of such loss, damage or injury howsoever occasioned at any location whatever.

e. If Beyond Productions is unable to provide any of the services, facilities or goods agreed to be provided by Beyond Productions to the Client due to circumstances beyond its control Beyond Productions shall not be liable for any loss suffered or any sum payable by the Client as a result thereof.

 In the event of a breakdown or stoppage or defective working of any equipment hired to the Client or used as part of the services provided to the Client then the Company will use its reasonable endeavours to remedy the issue without delay. In respect of any period during which the Client is thereby prevented from making use of the facilities or services supplied to him the Client shall be entitled to a proportionate remission of the charges payable in respect of such facilities or, at the option of Beyond Productions, shall supply the equipment, without additional charge, for a period of time equivalent to that during that which the Client shall have been prevented from using the equipment.

 Save as aforementioned, Beyond Productions shall be under no liability whatever in respect of such breakdown or stoppage or defective working or other failure to perform its obligations.

• Indemnities by Client

The Client shall fully indemnify Beyond Productions or (where relevant) its sub-contractors, agents or employees from and against all actions, proceedings, claims, demands, damages, fees, costs, losses and expenses or other liabilities made against or incurred or suffered by Beyond Productions or its sub-contractors, agents or employees by reason of or in respect of:

a. any infringement of copyright or trademark or any passing off or any other infringement of or interference with any proprietary right or interest of any third party or any civil or criminal action or prosecution for defamation or obscenity or for any breach of confidence or misuse of any confidential information arising out of any work carried out by or on behalf of the Client.

 b. Any breach by the Client of any of these conditions.

c. any personal injury or death or loss or damage to property caused by or arising out of or in connection with the use by the Client of any facilities provided by Beyond Productions except where the same is attributable to the negligence or breach of contract of Beyond Productions or its servants, agents or sub-contractors.

• any breach by Beyond Productions, its sub-contractors, agents or employees of its or their obligations under any contract with the Client or any negligent act or omission of the Company its sub-contractors, agents or employees resulting in loss, damage or injury to the Client, its agents, sub-contractors or employees, or in any costs or expenses payable by the Client, its agents, sub-contractors or employees.

•  Insurance

For the avoidance of doubt, the Client agrees and acknowledges that Beyond Productions is not providing to the Client the benefit of any insurance, beyond any specifically required by law, with respect to any risks that might arise out of or as a result of the use by the Client of Beyond Production’s facilities or services and any consequential risks that might rise from it.

• Relationships

The Client agrees not make an approach to any Beyond Productions sub-contractors, agents or employees with a view to contracting with the sub-contractors, agents or employees of Beyond Productions directly to work independently of Beyond Productions.

Beyond Productions shall be entitled to seek to sell its interests in any Deliverables as granted by this clause to any party in order to recover its outstanding debts from the Client.

 After deducting all costs and other amounts due to Beyond Productions, any amount remaining from any such sale shall be repaid as soon as practically possible to the Client.  

• CANCELLATION

1.  Recording: A 48-hour cancellation policy applies to all recording session bookings this includes weekends and public holidays. A minimum of 48 hours’ notice must be given before session start time to cancel or change a booking, full fee applies if cancelling within 48 hours of session start time. A cancellation with good reason and with more than 48 hours’ notice will warrant a refund. In this case, the client will be asked to provide Bank Details.

Mixing/ Editing: There is a no refund policy for mixing or editing.

• If notice of cancellation of a booking is received by Beyond Productions less than two working days prior to the scheduled work time, the booking will be charged at full rate. If notice of cancellation is received more than two working days but less than seven days prior to the scheduled start time a charge of 50% of the full rate will be made. If notice of cancellation is received more than seven working days but less than fourteen days prior to the scheduled start time a charge of 25% of the full rate will be made. No charge shall be made for cancellations received fourteen days or more prior to the scheduled start time
• Cancellations of any bookings will only be effective if given in writing or email by the Client. Cancellations as a result of adverse weather conditions will be rescheduled.
• No Call/No shows that have paid deposit will result in loss of monies and studio time which will make the deposit non-refundable.
• Beyond Productions reserves the right to cancel any booking whether or not any services in connection therewith have been provided by Beyond Productions in the event that Beyond Productions in its absolute discretion considers a Client’s material is or might be offensive or obscene or that the copying or other reproduction thereof might infringe the rights of any third party or be otherwise illegal.

• LIABILITY

Beyond Productions is not legally responsible for items brought into the premises by the artist. It is recommended that clients obtain insurance to protect against possible expense or loss of article(s) of value left on the premises. This includes instruments as well as any data storage units (for audio and session backup) left at Beyond Productions. Please make sure that you do not leave personal items unattended and ensure that you take all of your belongings with you when you leave. Beyond Productions is not responsible for any personal items that are lost or damaged on the premises.

• Media & Backup:

Clients are welcome to bring a USB Hard Drive (formatted for Mac) for backup and archive purposes of Audio and Session files as well as your own blank CD’s and DVD’s. At the completion of your project, any digital data created as part of your session will be stored for a period of 28 days as a courtesy, but is not considered fully backed up and safe until you as the hirer stores and retains a copy of the files.

The amount of hard drive space required depends on the amount of audio recorded within the session (i.e. track count, song length, resolution etc.). It is important to discuss recording format resolution (such as bit depth and sample rate) with the Engineer or Studio Assistant prior to commencing the session.

• HEALTH & SAFETY

1. Fire Evacuation:

 When visiting Beyond Productions, please familiarize yourself with the Fire Exit points. In the event of a fire an alarm will sound and other warnings will alert you, please make your way to the nearest Fire Exit following the fire exit signs.

• Electrical Safety:

Bands wishing to use their own equipment do so at their own risk. Beyond Productions will accept no responsibility for any damage or injury caused by faults arising from their use. Repair or replacement costs for any damage to Beyond Productions facilities or equipment arising from the use of non- Beyond Productions equipment will be recovered from the person who booked the room.

Beyond Productions requests that any equipment brought in be tested and tagged to comply with the standards for electrical safety.

• Smoking:

Smoking is NOT permitted anywhere in the Beyond Productions offices.

• Drugs and Alcohol:

No drugs or alcohol are permitted on the premises at any time. If any person using or distributing drugs is found on the premises, law enforcement will be called immediately.

• PREMISES & EQUIPMENT

1. Equipment:

Beyond Productions equipment is not to be tampered with, removed or reset without prior consultation with a Staff Member. We ask that all of the artist’s equipment is to be stored inside the studio rooms.

• Accidental Damage:

Should any accidental damage occur to any part of the Studio, please report it to reception immediately or to the engineer. Failure to do so may result in an accident being interpreted as willful damage.

• Eating:

The reception area within Beyond Production offices will be open to members and their guests for consumption of food and drink. Food and drink is NOT allowed in any of the Recording or Rehearsal rooms, bottled water is allowed only in locations where it cannot damage equipment if spilled. Please store your food and drink in the kitchen/lounge area. Any damage caused to studio equipment due to spillages and negligence with food and drink will be charged as per our damages policy. Please help us to keep the studio tidy by placing any rubbish in the trash bins provided.

• Anti-Social Behavior:

 Our staff is here to help and support you. Verbal or physical abuse will not be tolerated and legal proceedings will be initiated against any offender.

• Session Times: The hirer and guests are expected to have already packed up and exited by the session end time.

• Breakages and damages to studio equipment

Any damage caused to studio equipment due to misuse and abuse will be charged to the artist/band/individual. Refusal to pay for breakages will lead to exclusion and prosecution. If an item of equipment is damaged or missing at the start of your session please report it to the session technician/engineer immediately.

• Guests

Clients are allowed a maximum of 3 guests during the recording sessions. Beyond Productions must be given 24hr notice when requesting an additional guest. The Client must get approval from a Beyond Productions member prior to showing up with an additional guest.

• Theft

When leaving and entering the complex, please remember that the entry door must be kept shut and locked at all times. Any theft or damages that occur as a result of the door being left open will be chargeable to the artist/band.

• Any dealings with Beyond Productions following receipt of a copy of these terms and Conditions or link to the site from which they can be downloaded shall be deemed to be an acceptance by the Client of these Terms and Conditions.

• These Terms and Conditions shall be incorporated into any contract between Beyond Productions and the Client to the exclusion of any terms of business of the Client

BEYOND CLASSIC SOUNDS

TERMS & CONDITIONS

This document is issued by Beyond Classic Sounds (BCS), to describe the terms and conditions for hire of the Company’s Sound Systems for concerts, festivals, special events, tours and other performances, where provided with our personnel – ‘Beyond Classic Sounds ’.

This document gives the Terms & Conditions of Hire in full, laying down the contractual agreement between Beyond Classic Sounds and the Hirer. Please note that other documentation, such as Quotations will include short interpretations and/or parts of these terms. In all cases, this document is the definitive Terms & Conditions of Hire document and will take precedence over any other terms stated or implied elsewhere.

Definitions:

“Hire “This expression refers to the arrangement to use equipment supplied by Beyond Classic Sounds at an event, accompanied by a crew provided by or on behalf of Beyond Classic Sounds. The period of Hire under these terms is usually two or more days and rates applied may be quoted as ‘the Tour Rate’. These Terms & Conditions do not cover Dry Hire arrangements.

“Hirer “The person, company, department or other body who has ordered and/or accepted Equipment or services from Beyond Classic Sounds.

“The Equipment “All items of equipment and or services accepted by the hirer along with any other items and or services included or implied whether specified or not.

“Beyond Classic Sounds“Personnel supplied by or on behalf of Beyond Classic Sounds as part of the hire service to install, maintain and dismantle the equipment.

BCS Equipment and Services

1. Provision of The Equipment And Services

Beyond Classic Sounds agrees to supply you with the sound system and rigging equipment described in the quotation for the hire period, together with the services of a Beyond Classic Sounds of the number specified in the quotation.

2. Replacing Defective Equipment:

Beyond Classic Sounds will supply all Equipment in good working order, however, in the event of a defect; the liability of Beyond Classic Sounds will be limited to the repair or replacement of any defective Equipment, at Beyond Classic Sound’s discretion.

3. Property:

Equipment remains the property of Beyond Classic Sounds at all times. In the event of a breach of any of these conditions, Beyond Classic Sounds may without prejudice to any other rights or remedies forthwith terminate the arrangement and repossess all their Equipment. Re-hire is not allowed by the Hirer without advanced written permission.

Principal Exclusions:

4. Unless explicitly stated in writing in the quotation, the following are excluded from the hire provision:

4.1. Taxes including Value Added Tax (VAT)

4.2. Locally-Booked Or Venue Equipment e.g. drum kits & backline equipment

4.3. Local Crew Personnel

(Other than the Beyond Classic Sounds Crew shown in the quotation) including loaders, stagehands, licensed riggers and electricians, operators of the Equipment. It will be the responsibility of the hirer to provide Local Crew to assist with equipment load in and load out. Beyond Classic Sounds will not be responsible for local crews.

5. Transportation

of equipment and personnel, including freight and transport costs and storage of the equipment. Unless clearly stated otherwise, all equipment and Beyond Classic Sounds services are quoted. All equipment should be collected and returned at Beyond Classic Sounds offices and returned at the end of the hire period. Other arrangements must be agreed in writing prior to the commencement of the hire contract.

6. Beyond Classic Sounds  Expenses

Including reasonable travel expenses from our Beyond Classic Sounds offices to the event location, and accommodation and crew catering. Payment of per diem or other cash payments to Beyond Classic Sounds  personnel is at the absolute discretion of the hirer and will not be reimbursed by Beyond Classic Sounds.

7. Excessive Hours

Beyond Classic Sounds reserves the right to charge the hirer for hours worked by the Beyond Classic Sounds  in excess of their ‘standard working day’. It is understood that the ‘standard working day’ may vary according to the nature of the hire and event locations, but it is the responsibility of the hirer to agree to these terms in advance of the hire. Where equipment is loaded or dispatched from Beyond Classic Sounds or returned to Beyond Classic Sounds during a non-working day, this will incur additional charges.

8. Insurance

It is a condition of hire that the Hirer takes out adequate insurance to cover the equipment hired. Beyond Classic Sounds will, at its sole discretion, charge the Hirer for any equipment lost, stolen or damaged as described in Paragraphs 5 and 6 below (Responsibilities of the Hirer) whether or not this is covered by the insurance policy taken out by the Hirer. Beyond Classic Sounds reserves the right to see evidence that the Equipment is adequately covered by a suitable policy, prior to checking out the Equipment. However, this does not reduce the liability of the hirer for uninsured losses.

9. Responsibilities Of The Hirer:

The Hirer assumes full responsibility for the Equipment from the time of checking out until checking in to Beyond Classic Sounds. The hirer is responsible for the safe keeping of equipment and is liable for any loss or damage caused to the Equipment during the period of hire. The hirer is responsible for providing suitable and adequate security arrangements for the safe keeping of the equipment during the period of hire. The hirer must take all necessary steps (at its own expense) to retain possession and control of the equipment and in the event of losing possession or control will take all necessary steps to recover the equipment.

9.1. Items of equipment are not to be used, and the Hirer will not permit them to be used, for any purpose for which they are not expressly designed.

9.2. Equipment is not to be altered or modified in any way without the prior consent of Beyond Classic Sounds.

9.3. Equipment is not to be hired, re-hired or sub-hired to any third party or parties, without the express written consent of Beyond Classic Sounds.

1. Loss or damage

The cost of replacing or repairing the Equipment will be borne in full by the Hirer. Equipment lost, damaged or modified will be charged for at full hire rate until the loss is settled in full.

 Examples Of Loss/Damage /Modification include (but are not limited to) the following:

10.1 Damage by persons known or unknown, including audiences and artists (whether or not as part of the performance)

10.2 Damage or loss caused by inadequate handling by third parties (including local crew)

10.3 Damage by adverse weather conditions including water damage

10.4 Loss due to theft on site or in transit

10.5 Loss or damage during transportation

10.6 Modifying cables by cutting and/or re-wiring plugs/sockets

1. Hire Periods, Charges and Payments

 Hire charges are calculated from the date of collection / delivery to the date of return to Beyond Classic Sounds. Permission for extending hire arrangements may be granted on request but must not be assumed. Availability and prices of Equipment may vary from our rate card or as advertised on our website and cannot be guaranteed for periods of extension.

1. Weekends & Bank Holidays:

Where the hire start date or end date falls on a weekend or public holiday, at the discretion of Beyond Classic Sounds, checking out may be done on the last working day prior to the hire start date and/or checking in may be done on the first working day after the hire end date. Checking out or checking in may in some circumstances be arranged outside of normal operating hours.

    13. Hire Equipment Charges:

Hire charges are based on weekly rates, with the period of hire starting from the time of checking out by Beyond Classic Sounds at its offices, to the time of checking back in by Beyond Classic Sounds, within the normal operating hours of (8.00 am and 6.00 pm). Equipment checked out during operating hours, must be returned before 6.00 pm on the due date. Failure to do so will incur the hirer extra costs.

14. Payments:

Payments must be made in full with cleared funds prior to checking out. Payments by Debit Card Personal Credit Cards, Business Credit Cards are not accepted. Payments should be by bank transfer in advance or Cash as agreed on the day or in advance.

15. Cancellation Or Premature Termination Of Contract:

Any entitlement to discount will be forfeited if accounts are not paid by the due date. Furthermore, any accounts not paid by the due date will have an interest charge applied each month until payment is received in full. (The rate of interest is currently 2.5% per calendar month.

In the event of the hirer cancelling the contract after a firm order has been placed, charges will be levied as follows:

– More than 14 days’ notice – 25% total charge.

– 7 to 14 days’ notice – 50% total charge

– Less than 7 calendar days’ notice – 100% total charge

16. Health & Safety:

Beyond Classic Sounds and other Personnel supplied by Beyond Classic Sounds must not be prevailed upon to act in any manner which is contrary to the method statements, risk assessments and codes of conduct issued by Beyond Classic Sounds. In addition all contractors are instructed to follow established safe working practices and legal constraints and to refer to Beyond Classic Sounds staff if they are instructed to operate in contravention of these.

17. Site Access:

It is the responsibility of the hirer to ensure there is adequate and safe access to a performance site. We reserve the right not to deliver equipment where we believe access to be unsafe. It is the responsibility of the hirer to inform Beyond Classic Sounds beforehand of any access issues and where possible take appropriate measures to reduce risk to Beyond Classic Sound’s equipment.

A) Conditions Of Site:

Beyond Classic Sounds’ quotation for hire charges is made on the assumption that the site on which the equipment is to be erected or to which goods are to be delivered is flat level firm ground with easy access for heavy motor transport and associated equipment flight cases.

B) Liability For Damage To Site And Services:

Whether the site complies with the foregoing requirements or not Beyond Classic Sounds shall not be under any liability whatsoever to make good any damage to the site nor shall Beyond Classic Sounds be under any liability whatsoever in respect of damage to fixtures fittings drains pipes or cables or other services buried under or around the site or otherwise concealed or any consequential loss resulting from such damage unless an accurate plan showing the precise position of such fixtures fittings drains pipes or cables or other services shall have been supplied to the company.

18. Site Power:

It is the hirer’s responsibility to ensure provision of a safe, consistent and adequate electrical power supply. Where portable generators are used, these must be regulated and adequately grounded. Please contact us if you are unsure about what power will be required. Equipment damaged due to unsafe or inadequate electrical equipment at the performance site shall be repaired or replaced at the expense of the hirer.

19. Sound Pressure Levels:

High Sound Pressure levels can cause permanent hearing damage. Repeated exposure can have a cumulative effect. Equipment provided by Beyond Classic Sounds can and does produce high enough sound pressure levels to cause hearing damage. Feedback is inherent within Monitoring systems. Beyond Classic Sounds cannot accept liability for any individual’s failure to stay at an appropriate distance from loudspeakers or failure to take any necessary steps to protect their own hearing. It is the responsibility of the hirer to ensure the safety, with regards to hearing, of the general public. Where appropriate you may wish to ensure that warning notices are displayed, hearing protection is issued, or safety barriers are erected.

20. Local Licenses:

The hirer is solely responsible for obtaining any license, qualification or other authority, which may be required for the safe and legal operation of the Equipment hired and agrees to abide by all legal guidelines relating to the installation and operation of the Equipment.

General Terms And Provisions

21. Contract Of Hire:

The placing of an order for equipment by the Hirer or the issuing of a sales invoice by Beyond Classic Sounds constitutes a contract which binds the Hirer to accept these conditions and our full terms and conditions of business.

22. Positioning Of PA & Lighting Equipment:

The hirer shall provide the company with a plan showing the position in which the PA & lighting equipment shall be erected or alternatively shall have a representative on the site for that purpose. If the hirer shall fail to provide a plan or have a representative on the site the company may erect the equipment where it considers appropriate given the information available and it shall be deemed to have performed the Contract. Any wasted journeys due to absent representatives will be appropriately charged.

23. Termination:

Beyond Classic Sounds may terminate the hire contract under these terms and conditions, either immediately or at any time within three months after that by notice to the Hirer and no payment subsequently accepted by Beyond Classic Sounds without knowledge of such termination shall in any way prejudice or affect the operation of this clause if the Hirer:

23.1. fails to pay any Rentals or other sums payable under these conditions or under any other agreement between the Hirer and Beyond Classic Sounds, in full within 5 working days of such sums becoming due (whether demanded or not)

23.2. commits a breach of any of the other terms and conditions of the contract (whether express or implied

23.3. does or causes to be done anything, which in the opinion of Beyond Classic Sounds may jeopardize Beyond Classic Sound’s rights in the Equipment.

23.4. is involved in any legal process (whether directly or indirectly) that results in a levy on or against any of the hired equipment, or against any premises where the equipment is, or against any of the Hirer’s goods or other property, or the hirer permits any judgement against it to remain unsatisfied for seven days

23.5. suffers an interim order (as an individual) under the Insolvency Act or enters into a voluntary arrangement or suffers the making of a statutory demand or the presentation of a petition for a bankruptcy order.

23.6. enters into any liquidation, calls any meeting of its creditors, or has a receiver or administrative receiver appointed of all or any of its undertaking or assets, or suffers the appointment or the presentation of a petition for the appointment of an Administrator under the provisions of Part II of the Insolvency Act, or is deemed by virtue of Section 123 of the Insolvency Act to be unable to pay its debts.

24.Force Majeure:

Beyond Classic Sounds is not liable for any failure to supply a product or service where that failure is wholly caused by an event that could not reasonably have been foreseen, forestalled or prevented. This may include (but is not limited to) acts of war, terrorism, or natural disasters. While every effort will be made by Beyond Classic Sounds to carry out any order accepted, the full performance of it is subject to variation or cancellation by the company consequent upon act of God, war, strikes, riots, lock-outs or other labour disturbances, fire, flood, restrictions of the use of transport, fuel or power, requisitioning, shortage of material or transport or labour or any other cause beyond the control of the company. In the case of extreme bad weather the company reserves the right to discontinue performance(s) if the weather would cause damage to the equipment outside or prove a health & safety risk to performers or persons working

VESSELS OF WORSHIP BAND

TERMS & CONDITIONS

Vessels of Worship Band operates using the following terms and conditions. Please ensure that you have read these before confirming a booking or signing our contract. If you do not understand any part of these terms & conditions, please feel free to contact us.

Once a booking has been confirmed with the client and the Band, whether VERBALLY, ELECTRONICALLY or in WRITING, both parties will be subject to contract being issued, non-return or non-completion of the booking contract does not terminate the a legally binding contract that is subject to the following terms and conditions. In the event of a booking agreement.

1. WEDDINGS, ANNIVERSARIES & PARTIES.

From an intimate reception to a lavish affair. When it comes to choosing the perfect wedding entertainment for your special day, it can sometimes seem like a daunting prospect. The possibilities are endless and limited only by your own imagination. Here at Vessels of Worship Band, we can help. Whether it’s a church wedding, a civil ceremony, a wedding blessing or even a themed wedding, we can find you the perfect live wedding entertainment. Whether you’re looking for a violinist for the wedding ceremony.

1. It is the responsibility of the client to ensure that the band is provided with sufficient parking facilities at the performance venue for all vehicles associated with their act. If no legal parking is available at the venue, rendering the band incapable of unloading, or after unloading the Band is unable to secure legal parking within a ½ mile radius of the venue, the client agrees to pay for any parking expenses thereby incurred

• The client must also ensure that there is an adequate area for the Band to change in and store equipment and/or instrument cases. The area should preferably be lockable and include chairs for the entire party and The Client is to provide a suitable a safe source of power (for non-acoustic acts), a safe performance area, and that they can accommodate the performance of the Band by possessing appropriate licenses and no inhibiting noise limiters. If non-performance results due to venue restrictions, the client will still be liable. For any outdoor events suitable dry cover must be provided. If in the event the staging area is waterlogged or in any way unsafe to perform, the Band will not be held accountable and will not set up or perform. The full fee will still be due. The client must ensure that the performance venue is able to provide for cancellation fees

• It is also the client’s duty to ensure that the band is provided with adequate refreshments throughout their stay at the performance venue. This should include water, soft drinks and if possible a hot meal or buffet for all members of the act and their party.

• If the band members and crew are subjected to aggressive or abusive behavior and the client does not remove the perpetrator the band shall be allowed to terminate their performance without penalty. The client will still be liable for cancellation fees as outlined in ‘Cancellations’ of these Terms and Conditions.

• The ‘band’ should be aptly attired for their performance in line with agreements made with the ‘client’ prior to the event, and they should remain courteous with the ‘client’, guests and employees of the venue. The ‘band’ will not act in any manner that is deemed damaging to the reputation of themselves, or the ‘client’.

• The ‘Band’ must contact the ‘client’ directly before the event in accordance with the time frame detailed in the ‘Booking Contract’. This contact should be used to confirm the details in the ‘Booking Contract’ and finalize any minor details (parking, arrival time, access time, refreshments etc.)

• It is the responsibility of the ‘Band’ to ensure that upon signing the ‘Booking Contract’ they are under no obligation to another party in a manner that may interfere with this booking.

• The Vessels of Worship Band will provide a full PA system and the musical equipment required. The Bands equipment is not for use by guests unless previously agreed, and this is only at the Band’s discretion.

• A non-refundable Booking Fee will be required to book the Band. We request this on the booking date, however, if this has not been received within 7 days, this will result in the date being made available to other Clients.

9. b The Booking Fee is to secure the requested Band for a specific date and venue, any changes including moving (date or venue) postponing, or rescheduling a booking would be classed as a cancellation.

     10.  The Remaining Fee balance is due 2 days prior to the performance. Cheques, bank transfers and other payments must be paid and cleared 30 days prior to the performance. A cheque on the night of the performance is not accepted.

11.  The ‘Total Fee’ refers to the cost to you (the Client) inclusive of the Band’s fee and all travel expenses which include, but are not limited to transport, fuel and accommodation costs for the Band to travel to and from the venue. Vessels of Worship Band do not have any additional hidden charges and the figure stated above is the complete fee and is an all-inclusive price.

12. Once a booking is confirmed, whether VERBALLY, ELECTRONICALLY, in WRITING or by the issue of a booking contract, cancellation by either party is not allowed except where ‘Force Majeure’ applies or where the client and Band mutually agree to cancel the booking (this must be provided in writing by both parties). In either event forfeiture of the booking deposit will result.

Cancellation occurs between 0-60 days of the event date – 100% of the fee will be due.

Cancellation occurs between 61-90 days of the event date – 75% of the fee will be due.

Cancellation occurs between 91-120 days of the event date – 50% of the fee will be due.

For cancellations that occur more than 120 days from the event date, no additional fees will be due to as this is deemed a suitable amount of time for the Band to find an alternate booking.

All client cancellation fees must be paid to the agent within 14 days. Once received, any outstanding payment due to the Band will be paid within 7 days.

13. A change of date of the Event will constitute a cancellation.

14. All verbal agreements are confirmed by the electronic signing of a written contract or the physical signing of a written contract. Failure to sign contracts does not constitute cancellation and all verbal agreements will remain in force.

15.  If any musician takes unwell, is injured, or for any other reason unable to be there. In this unlikely event we will commit to making every effort possible to supply a suitable replacement Band. We have this as a security for the Client and allows us to guarantee that the Band will not pull out due to the above reasons.

16. In the extremely unlikely event the full Band can no longer honor the booking, we will endeavour to find and offer a like for like replacement Band. If for any reason the replacement Band is not wanted and agreed before the event, then the total fee including the Booking Fee would be transferred back to the Client. In the event we need to replace the Band within 24 hours of the performance, we may not have time to inform the Client. There will be no reduction to the fee as this is in place as an emergency safeguard and for the Clients benefit, and there shall be no other reduction in fees or compensation payable to the Client if this situation arises.

17. Any amendments to this contract must be made in writing, at least 30 days prior to the engagement date. It is the responsibility of the Client to make sure the event runs as planned and on time. Under no circumstances will the Band play beyond the agreed time. A late start does not constitute grounds for a late finish or cancellation. The Band will not be obligated to shorten their break and only at the description of the Band will times be adjusted on the day. The Agreement is strictly between the agreed hours and not based on performance/playing time.

18.  The Band will learn one specific song as long as the song is possible for the Band to learn. They will make every effort to learn the requested song to play live, however, they reserve the right to play the original track if for any reasonable reason feel they cannot play the chosen song to the highest standard. This request must be provided at the very latest 30 days before the engagement date.

19. The ‘Band’ will perform for the ‘client’ to their highest standard and in the manner in which they have represented themselves via promotional material.

20. No party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, or other natural disaster), war, terrorist activities, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, order of Government or Local Authority having jurisdiction in the matter or changes in law.

Any party asserting Force Majeure so as to negate liability shall have the burden of proving it and justifying that they took preventative action wherever possible to counteract the circumstances.

21. Where it is not possible to amend the contract prior to the event (for example on the day itself), changes should be agreed between the ‘Band’ and the ‘client’.

If the ‘Band’ has been asked and agrees to perform later or for longer than the agreed times specified in the ‘Booking Contract’ a satisfactory additional surcharge should be agreed between both parties. The extra payment agreed should be paid to the ‘Band’ on the day of the event.

If the timings of the event are overrunning due to no fault of the ‘Band’, the ‘Band’ is under no obligation to finish later than the time specified in the ‘Booking Contract’ and is still due full payment.

• CORPORATE OR CHARITY EVENTS

From Christmas parties to exhibitions, gala dinners to product launches. As a leading corporate entertainment agency, we specialize in providing the finest in live entertainment for your next corporate event, function or party. Whatever the reason for your event, whether you plan to entertain existing clients, build new customer relations, boost team morale or simply reward your staff, we can find you the perfect in live corporate entertainment.

1. Vessels of Worship Band shall have two course meal to be provided for all Band members and crew. A dressing room for the duration from arrival until one hour after set ends. Bottles of water/ juice and tea and coffee should be provided in the dressing room. This is negotiable only if discussed with Vessels of Worship Band prior to signing contract.

• The Band will use reasonable care and skill in performing the services. Where any valid claim in respect of the services is made the Client may be entitled ONLY to a refund of the Remaining Fee Balance or part of the Remaining Fee Balance.
  
  
• In the event that circumstances beyond our reasonable control prevent the delivery of the contracted services, the Band shall not be liable for any additional losses suffered whatsoever, and any fees paid shall be non-refundable. 

• Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the services or making proper use of the services.

Unless given express permission, the Band equipment and instruments are not available for use by any other person.