“Cassien”/“our”/“us” means The Band

“Artist” means The Band or Musicians performing under the name Cassien

“Client” means the person or company that wishes to hire the Artists to perform at their Event.

“Booking Contract” means the contract between the Artist and the Client for the Artist to perform at a certain time, day and place.

“Event” means the event/time, day and place that the Artist is booked to perform at by the Client.

“Site” means the Cassien website and all other content relating to the site

Cassien is the trading name of the partnership made up of Jack Kane, Michael Pryce, Samuel Bradley and Christopher Cunningham. By using the Cassien site and/or services you agree to comply with and be legally bound by these terms of service whether or not you become a Client.

1. The booking process.

a) A client will provide to Cassien with all the necessary details of their event via the site for Cassien to provide an accurate quote. Cassien will then provide the client with said quote and the client will then be given the option to accept contract terms and pay a deposit of 15% of full artist fee.

b) Once the client has paid the deposit amount both parties will be subject to a legally binding contract comprising of the booking contract and the terms and conditions within this document.

c) Alterations to the booking contract may happen with the agreement of both parties. see clause 6 for details.

 

2. Payment of artist fee

1. 15% of artist fee is due immediately to secure a booking and is non refundable unless the client cancels within 14 days of paying the deposit amount under consumer law. The only exception to this is when the event the client has booked for falls within 14 days of client paying the initial deposit under which circumstances the client will lose the right to refund. Final payment of the remaining 85% of artist fee will be due 30 days before the event date.
2. The client will be provided with an invoice by Cassien 30 days before final payment due date.
3. Fees can be paid by card only using Cassien’s chosen payment provider. Payment will be made to Cassien by the client within 30 days of Cassien providing an invoice. All clients will be provided with a payment schedule at time of booking.
4. Fees will be held by Cassien in their client account on behalf of the Client. They will be released to the musicians 2 days after the event.

 

3. Cancellation

1. The Client reserves the right to cancel in addition to their statutory rights referred to in clause 2a. Should the client choose to cancel for reasons other than those included in clause 9 they will incur the following fees.

 

100% of artist fee is due if cancellation occurs within 30 days of event date.

75% of artist fee is due if cancellation occurs within 31-91 days of event date.

50% of artist fee is due if cancellation occurs within 92-181 days of event date.

15% of artist fee is due if cancellation occurs more than 182 days before event date

 

b) The client must inform Cassien in writing by email should they wish to cancel.  Only once Cassien has acknowledged this shall the booking be considered cancelled.

c) Cassien shall not cancel a booking for any other reason than those included in clause 9. Should Cassien cancel they will inform the client within 1 business day and make every reasonable effort to find a replacement artist of a similar quality and price. Should Cassien cancel, they will refund all the artist fees previously paid by the client.

 

4. Client responsibilities

a)  The client is responsible for ensuring that the venue has a safe power source, a safe area for    the performance, a large enough space to accommodate the artist’s performance, and the necessary music and entertainment licenses to host the artist's performance. The client will still be liable for the full artist fee if the performance cannot take place.

b) The client will inform the artist of any noise limiters in the venue and accept that the artist’s performance may be affected by this. To Avoid any doubt, if an artist’s performance is detrimentally affected by a noise limiter or any other factor involving the venue, the client will still be liable for the full artist fee.

c) The Client must make arrangements to provide the Artist with free parking at the venue for all vehicles related to the performance. If free parking is not an option, the Client will be responsible for reimbursing any parking charges to the Artist within 7 days of the event.

d) The client must ensure the Artist is provided with a safe and secure area for storing equipment and cases. The area should be lockable and not accessible to anyone other than the artist. A toilet does not suffice.

e) The Client should ensure these requirements are investigated prior to the event date and any relevant information be given to the artist.

f) The Client should ensure the artist is provided with a free unlimited supply of drinking water and a hot meal or buffet.

g) It is strictly prohibited for anyone to use the Artist's equipment or instruments before, during, or after the Event unless they have received explicit permission from the Artist.

h) The Artist reserves the right to terminate any performance without penalty if they are subjected to aggressive or abusive behaviour. It is the responsibility of the client to remove any perpetrators. The Client will still be liable for full Artist fee.

i) An artist has a specified set up and strip down time as stated in the booking contract. It is the responsibility of the client to make sure the artist has reasonable space for load-in/load out and set up and strip down of their equipment/instruments.

j) The required conditions within clause 4 must be met by the Client at their own expense and failure to meet any of these conditions may be considered a breach of contract. The conditions within clause 4 are negotiable and any changes must be communicated in writing via email to Cassien and agreed upon by both parties. If no agreement can be made the entirety of clause 4 shall remain in effect.

 

5. Artist responsibilities

1. The Artist will perform to the best of their ability for the client at their event.
2. Unless otherwise specified in the booking contract, the Artist is responsible for supplying all the necessary equipment to perform at the Event. The Artist assumes liability for the proper functioning and safety of their equipment. All of the artists electronic equipment will have an an annual Portable Appliance Test (PAT).
3. The Artist shall have public liability insurance (minimum required = five million British pounds).
4. The Artist is self employed and is engaged with under a contract for services. Therefore they are responsible for their own accounting, tax and legal obligations.
5. The Artist must act in a courteous manner when engaging with the client, client’s guests and venue staff at all times. They will be suitably dressed for their full performance and as similarly to their promotional content conveyed on the wedding band services ltd. platform unless otherwise agreed upon with client.
6. The Artist must not consume any alcohol excessively before, during or after the performance at the event. Additionally the Artist must not consume any illegal substance or drug on the day of the event.
7. The Artist must not act in a manner that could conceivably cause reputational damage to themselves or the Client.
8. The Artist must communicate with the Client within the timeframe set by the booking contract to finalise details such as parking, refreshments and dress code etc. for the event.
9. The Artist is responsible for providing their own transport to and from the event venue and transporting all equipment necessary to perform.
10. The Artist is responsible for booking their own overnight accommodation when overnight fee has been applied.

 

6. Add-ons

1. Add-ons are available for Clients to select when booking Cassien for an additional fee. Add-ons can include but are not limited to Daytime Entertainment, Strolling Bands, DJ & Sax, and Enhanced Sound and Lighting.
2. Add-ons can only be booked when the Client has selected the Artist’s main service (usually an evening performance between 8pm-12am).
3. Add-ons can be added at a later date (minimum of 14 days notice required before event date) to the main product’s booking however availability of the add-on cannot be guaranteed. Cassien is under no obligation to provide the Add-on requested unless the add-on was included in the original booking. This will not constitute grounds for cancellation of the original booking and the client will be liable for the full Artist fee.
4. When adding an Add-on to a booking at a later date the client will be charged the full add-on fee in one instalment immediately.
5. Add-ons can be removed from a booking but are subject to the cancellation policy stated in clause 3.
6. Performance add-ons have a set duration and performance time limits as stated in the booking contract. If you require the artist to move location during the performance this will be included in the performance time. Ceremony add-ons provide a 1 hour and 30 minute time window for any performance to take place (maximum performance duration of 1 hour and 30 minutes). Daytime (1pm - 7pm) add-ons provide a 2hr time window for any performance to take place (maximum performance duration 1 hour and 40 minutes). Evening reception (7pm- 1am) add-ons provide a time window and performance duration as follows; Brass section- performance matches with the original 5 piece band performance schedule, Extended play- provides an extra 30 minute performance beginning immediately after standard scheduled finish, DJ & Sax power hour- provides a 1 hour performance window for a 1 hour performance.
7. The time window for any performance begins from start time stated in the booking contract.

 

7. Performance Schedule and Alterations to the Booking Contract

1. The performance schedule is as stated in the booking contract between the Client and the Artist. Any changes to the performance schedule relating to specific performance times within the date of event may be made with the agreement of both parties via the wedding band services platform. A minimum of 14 days notice before the event is required to make any changes. Surcharges may apply.
2. If an event is running behind schedule due to no fault of the Artist, the Artist is under no obligation to perform later or outwith the performance schedule and is still due the full Artist fee. Under no circumstances shall an artist cut short their break as stated in the booking contract.
3. If the Client makes any changes to the material details of the booking contract (e.g. Date, Location, timings of the event) without agreement from the Artist, the Artist will be under no obligation to perform at the event and the booking will be deemed cancelled. The Client will be liable for all Artist fees in line with clause 3.
4. Add-ons can be added or removed from a booking contract. See Clause 6 for details. Charges apply.

 

8. Use of alternative performers

1. The Artist must provide the line-up as represented to the Client unless there is a necessity to substitute a performer due to unforeseen circumstances. The substitute performer must perform to a similar standard of the substituted performer and act in accordance with clause 5.
2. Artist line-ups may be subject to change and this may occur without notice unless the Artist is of significant celebrity.
3. Where applicable, the Artist must make every effort to provide a substitute performer as opposed to cancelling. The use of a substitute performer does not constitute grounds for cancellation or reduction in artist fee.

 

9.Force Majeure

1. Neither Party will be liable for failure to fulfil their obligations if such failure is caused by a force majeure event. A Force Majeure event will be considered a natural disaster (including but not limited to; storm,  earthquake, hurricane, flood, etc.), epidemic, civil unrest, war, terrorism, death, illness certified by a medical profession, accident, or any directives issued by a government or local authority.
2. With regards to death and sickness, It is only considered a Force Majeure event when a named party (including spouse of the Client when the event is a wedding) to the contract is sick or dies and not when any attendee to the event is sick or dies unless due to an epidemic or other similar circumstance with wide effect.
3. If a party needs to claim Force Majeure they must inform the other party immediately by email or if it’s within 2 days of the event by using the emergency telephone number provided in the booking contract. Any party claiming force majeure to negate liability must prove such events and demonstrate that they took reasonable steps to mitigate the situation. Cassien will work with the other party to try and resolve/lessen the effect of the force majeure event. Cassien will offer to reschedule, cancel the event or appoint another artist at the expense of the Client.
4. In the event of the Client’s claim of force majeure being accepted and the Client chooses to cancel, cancellation fees specified in clause 3 shall be waived not including the deposit. Any fees previously paid not including the deposit shall be refunded and neither party will be liable to the other for any damages incurred.
5. In the event of the Artist’s claim of force majeure being accepted and the Client chooses to cancel all fees relating to the booking, including the deposit, shall be refunded to the Client as referred to in clause 3c.
6. Should the client choose to reschedule the event, Cassien will provide a list of available dates where the artist is free. If it is not possible to reschedule with the chosen artist, Cassien will help the client find an artist of similar quality and price.

 

10. Disclaimer

1. The Cassien website is provided “As is” without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for particular purpose, non-infringement, compatibility, security and accuracy. We do not warrant that the functions contained within these sites will be uninterrupted or error free, that defects will be corrected, or that these sites or the server that makes them available are free of viruses or represent the full functionality, accuracy, reliability of the materials.
2. Cassien take reasonable care and skill to provide accurate artist information. Cassien make no representations, guarantees or warrantees as to the suitability of the Band for the client. It is purely the Client’s responsibility to choose the band for their event.
3. These terms do not constitute grounds for establishing a partnership or joint venture between the Artist and the Client.

1. Any clause within these terms, which is found to be invalid or unenforceable is ineffective to the extent of the clause without affecting the remaining clauses of these terms.

 

11. Limitation of Liability

1. Cassien accept no liability for any loss arising from wilful intent or negligence from the Client.
2. Cassien will not be liable to Clients for any loss of profit, loss of business, loss of opportunity or interruption to business.
3. Any Viable Claim made against Cassien or the Client shall be capped. No party to the contract shall be responsible for any loss or losses to the other parties exceeding the price stated in the booking contract unless caused by negligence or a deliberate act taken in bad faith by a party to the contract.
4. Any party who fails to comply with this contract will be liable for any costs incurred by the other parties from any loss or damage that is a foreseeable consequence of the non-compliance.
5. In no event will Cassien be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of data or profits arising out of or in connection with use of the Cassien site.
6. You agree to indemnify Cassien against any loss, liability, claim, demand, damage, or expenses (including legal fees) that may occur in connection with the use of our site.
7. To the extent permitted by consumer law, Cassien will only be liable for costs you incur as a direct result of failure on our behalf. We will not be liable for any indirect loss or indirect damage.
8. If the Client is in breach of these terms Cassien won’t be liable for any costs the Client incurs as a result and the Client will not be entitled to any refund.

 

12. Miscellaneous

1. Cassien reserves the right to change these terms at any time without advance notice. Any change made to these terms will be noted in these terms. By continuing to use our websites or services you agree to comply and be legally bound by the changed terms.

 

13. Entire Agreement.

1. These Terms constitute the entire and exclusive understanding and agreement between us and you/the Client regarding the website and any booking made via the Cassien site. These Terms succeed and replace any and all previous oral or written understandings or agreements between Cassien and the Client regarding the site or bookings.

 

14. Governing Law

1. These terms, and any dispute, proceedings or claim arising from these terms shall be governed by Scots Law.