Hire a band or artiste in Scotland :: weddings, corporate and private functions

Terms and Conditions

Please read the relevant terms and conditions before making a booking with Elderberry.

- Elderberry Entertainment terms - Elderberry Wedding Song terms

Elderberry Entertainment

Client Terms and Conditions

Please read our terms and conditions before either making a booking or joining our agency. All bookings are subject to the following terms and conditions as stated on this website at http://www.elderberrymusic.com/terms.html A copy can be made available upon request - a charge may be payable for this service.

1. Interpretation

1.1. Any performer, operator, company, or group of performers or operators obtaining work through Elderberry Music (“Elderberry”) will be known as "the artist" and the hirer will be known as "the Client". A reference to both the artist and the Client includes the singular as well as the plural and vice versa.

1.2. Any changes to these terms and conditions will need to be agreed in writing by the client and Elderberry.

1.3. Whoever confirms the booking on behalf of the client whether electronically, verbally or by signed contract shall be known as the “Designated Person”.

1.4. The place where the Client wishes the artist to perform shall be known as “the Venue”

1.5. In the case of a wedding booking, the “First Dance” is defined as the music requested by the Client to be used as the bride and groom’s first dance of the evening.

1.6. The artist’s repertoire/collection of music which the artist plays shall be known as the artist(s) “Set.”

1.7. The date that the artist is required to perform for the Client shall be known as the “Event Date.”

2. Administrators of contracts

2.1. Elderberry acts in the administration of bookings between the “artist” and the “Client.” It does not act as an agent for either party.

2.2. In the event of breach of contract on the part of Elderberry its liability shall be limited to the Fee aftermentioned. Without prejudice to the generality of the foregoing it shall not be liable for any consequential loss to the client. Elderberry Music cannot be held responsible for breach of contract by the Client or artist for whatever cause arising.

3. Booking an artist: Contracts and Fees

3.1. The Client agrees to pay a deposit which is 10% of the artist’s fee to Elderberry Music to secure the booking. This is Elderberry Music's administration fee, “Fee.” It is to be paid to Elderberry within 7 days of the booking being made. All bookings are subject to a minimum deposit payable to Elderberry of £10.00.

3.2. The deposit of 10% is calculated on the basis of the fee excluding additional costs (such as travel costs) all as confirmed to the Clients by Elderberry at the time of the booking being confirmed in terms of Clause 3.4. The balance of the fee will be paid direct to the artist by the Designated Person on the Event Date.

3.3. If offered a cheque or other non-guaranteed payment for the balance of the fee on the Event Date the artist has the right to refuse to perform. In that event the client will still be liable for payment of the balance for the booking.

3.4. All booking requests will be made by Clients to Elderberry. On receipt of that request Elderberry will inform Clients of the availability of the artist and will confirm the fees due. Within 7 days of confirmation of availability being provided to the Clients the Clients will be asked to return to Elderberry at the address undernoted a booking contract duly signed together with the deposit. This will be sent to the Clients by Elderberry in PDF format by email. The contract with the artist is only concluded on receipt by Elderberry of the signed booking form and deposit.

3.5. On receipt of the signed booking confirmation and deposit Elderberry will provide contact details for the artist to facilitate the Clients and artist arranging final details.

4. Cancellation by the Client

4.1. Cancellation of bookings can only be made by the Clients within 7 days of the contract with Elderberry being confirmed, subject to deduction of the minimum administration fee of £10 as specified in section 3. Thereafter the Clients will remain liable to the artist for the balance of the fee in the case of subsequent breach of contract by the Client subject to deduction by the artist of monies received by them in respect of alternative bookings able to be secured for the same date.

5. Minimum Performance Conditions

Subject to any alternative Performance Conditions agreed directly between the artist and the Client:

5.1. The Client agrees that the artist is entitled to no less than 45 minutes break for every 4 hours of booking.

5.2. The Client shall provide a suitable performance area and, where electrical equipment is to be used, provide an adequate power supply conforming to all relevant British Standards.

5.3. Where the artist is expected to wear stage clothing, the Client must provide adequate dressing room facilities. Public toilets are not acceptable.

5.4. If an artist feels, at their sole discretion, verbally abused or physically threatened by any person in the venue then they shall be entitled to terminate the performance without refund.

5.5. The venue must ensure that there is adequate parking adjacent to the venue's access point to enable the loading and unloading of the artist’s equipment.

5.6. Where a First Dance is required the Client agrees to inform the artist 30 days before the performance date of the requested song. The artist has the right to refuse to play the First Dance if either it is not in their Set or they feel at their sole discretion that it is not suitable for the artist. In these circumstances the First Dance shall be played either on CD or an mp3 player through the artist’s PA and it is the responsibility of the Client to provide the required CD/mp3. This should be confirmed by the Client 14 days before the date of performance. If an mp3 is to be provided, the artist must receive it within 14 days of performance.

5.7. The use of the artist’s equipment is restricted to the artist only unless prior arrangements have been made between the “artist” and “Client.”

5.8. Pursuant to the Smoking, Health and Social Care (Scotland) Act 2005 and the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006, the artist shall be entitled to terminate the performance without refund if the Client, guests and/or any third party smokes.

6. Schedule

6.1. The set-up time from Access shall be one hour, where Access is taken to be the time when the designated performance area has been cleared to provide adequate space for the artist to set up their equipment and an adequate channel is kept free for the artist to bring in equipment. If the artist has to travel through an obstruction, for example a kitchen, the set-up time may be longer. The Client cannot expect the artist to play longer as a result of obstacles delaying set up. Extra time cannot be expected at the end due to a late start where a wedding/function meal or other event has over run.

6.2. The timing of breaks shall be agreed between the Client and artist.

7. Complaints and Disputes

7.1. Elderberry Music acts in the administration of bookings between the “artist” and the “Client.” It does not act as an agent for either party and accepts no liability arising out of the booking for whatever cause.

7.2. Any disputes must be settled between the “artist” and the “Client.”

7.3. Elderberry cannot take any responsibility for artist or Client for whatever cause arising.

7.4. Elderberry Music is not liable to any costs or losses which may occur as a result of artist or Client failure.

8. Privacy

8.1. We understand and respect the sensitivity of any personal information you provide us. In line with current UK data protection laws we have developed the following policy:

8.2. Your data will not be shared with any other individual or organisation, other than for the administration of the booking between the artist and the Client or to send you information you have requested about our products or services without your consent.

8.3. We may contact you with news about our services, products and special offers. Should this not be of interest, an email to unsubscribe@elderberrymusic.com with the email address to be removed in the subject should be sent.

8.4. We take all reasonable steps to prevent unauthorised access to your personal data.

8.5. We always act responsibly to maintain your confidentiality and will only use your personal data in the administration of your booking(s) with us or in dealing with requests for information you have made.

8.6. In all other circumstances the data we use to provide or promote our services as well as any information taken from you while you are using our web site will not be passed to any other individual or organisation.

Contact us at contact@elderberrymusic.com

Elderberry Admin
Unit 10
Gleneagles Park
Glasgow
G71 8UT

Phone: 0800 0845 065

Copyright © 2006-2008 Elderberry Music
All Rights Reserved.

[end of Elderberry Entertainment client terms and conditions]

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Elderberry Wedding Song

Client Terms and Conditions

Before making a booking with Elderberry Music’s Wedding Song service please read the following terms and conditions. When submitting a commission request in writing you are agreeing to the terms found below. The terms are also available at www.elderberrymusic.com/terms.html
A copy of these terms can be supplied upon request. A charge may be payable for this service.

1. Definitions

1.1 The “Client” is defined as the person requesting the Elderberry Wedding Song Service.

1.2 The piece of music commissioned by the Client shall be known as the “Song.”

1.3 The “Track” is the recording of the music and Lyrics.

1.4 Elderberry Wedding Song, “EWS,” is a service that writes an original piece of music, and/or lyrics if necessary, and provides the Client with the Track.

1.5 The “Booking Date” is the date that cleared funds have been received by Elderberry Music, “Elderberry.”

1.6 The “Commission” is the request in writing made to Elderberry Music by the Client to write an original piece of music.

1.7 The “Event,” is the date that the Client requires the Track to be completed.

1.8 The “Score,” is the musical notation of the Song whether in electronic or physical form.

1.9 The “Lyrics,” is the text used for setting to the music.

1.10 The “Fee,” is the cost to the Client payable to Elderberry for the EWS service.

2. Making a booking

2.1 To book, the Client must confirm the Commission in writing. Electronic confirmation is acceptable.

2.2 Elderberry will not agree to any contract verbally under any circumstances. All booking must be in accordance with clause 2.1.

3. Rights to cancel

3.1 The Client has 7 days from the Booking Date to cancel. They will be entitled to a refund of the full fee paid to Elderberry less £10.00 EWS administration costs.

3.2 Due to the highly personalised nature of EWS, no refund can be made 7 days after the Booking Date.

4. Commencement of work

4.1 As EWS is a highly personalised service, Elderberry cannot proceed with any Commissions received until 7 days after booking being confirmed.

4.2 EWS requires 30 days from the Booking Date to produce the final content. See clause 6.5 for limitations.

4.3 To avoid Client disappointment, no bookings will be accepted by Elderberry within 30 days of the Event.

5. Copyright

5.1 The Client warrants that they either own or have a suitable licence to use the copyright and other intellectual property rights in any text or lyrics provided to Elderberry. In the event of allegations of breach of copyright or other intellectual property rights being made the Client will indemnify Elderberry in respect of any such claim including costs reasonably incurred by Elderberry in defending or settling any claim made against Elderberry whether such breach be established or not.

5.2 Elderberry owns all intellectual property rights in material prepared by it.

5.2.1 Following the Booking Date, the Client will be granted a non-exclusive licence to perform the material provided at the event or thereafter to duplicate the material for personal use provided no entry fee is charged whether that is a set fee or in the form of a donation.

5.3 In the event of any fees being collected by the Client in relation to the Track or Score through - but not limited to - the sale, broadcast, lending or hiring these are payable to Elderberry in full.

6. Limitations

6.1 EWS will use its best endeavours to provide a Track which is to the satisfaction of the Client. EWS will make the Track available electronically to allow the Client to hear the Song before the Event. While EWS will endeavour to meet the Client’s expectations, changes cannot be made to the Track within 7 days of the Event.

6.2 Due to the highly creative service of EWS, the Client not liking the Track does not constitute a breach of contract giving either a cause for complaint or an application for a refund of the Fee. While EWS will endeavour to produce and fix the Track to the Client’s satisfaction, Elderberry is not required by these terms at any time to either fix the Track or produce an entirely different Track.

6.3 Other than as provided for in this clause, Elderberry cannot be held responsible for losses or damages for whatever reason as a result of the Track in any relation. In the event of breach of contract or negligence on the part of Elderberry its liability is limited to the Fee and cannot be held responsible for any other losses or damages.

6.4 Before the Booking Date there is no contract made between Elderberry and the Client and therefore no Track will be produced. (See clause 2 for when the Track production will begin.)

6.5 Elderberry will do its best to have the completed Track ready from 30 days after the Booking Date. In the highly unlikely event that the Track is not ready by the Event due to the fault or delay of EWS, Elderberry will refund the Client’s Fee in full subject to clauses 6.2 and 6.6.

6.6 Elderberry will not be liable to refund the Fee should the Track not be completed on time as a result of situations outwith the control of Elderberry. These situations include but are not limited to failure with the postal service, acts of God or force majeure.

6.7 At all times, Elderberry recommends that the Client’s Booking Date for a Commission is 90 days before the date of the Event to avoid disappointment.

7. Track timings

7.1 Due to the nature of the EWS service, Elderberry cannot specify the length of the Track. The Track, however, will not last less than 2 minutes.

8. Privacy

8.1. We understand and respect the sensitivity of any personal information you provide us. In line with current UK data protection laws we have developed the following policy:

8.2. Your data will not be shared with any other individual or organisation, other than for the administration of the booking between the artist and the Client or to send you information you have requested about our products or services without your consent.

8.3. We may contact you with news about our services, products and special offers. Should this not be of interest, an email to unsubscribe@elderberrymusic.com with the email address to be removed in the subject should be sent.

8.4. We take all reasonable steps to prevent unauthorised access to your personal data.

8.5. We always act responsibly to maintain your confidentiality and will only use your personal data in the administration of your booking(s) with us or in dealing with requests for information you have made.

8.6. In all other circumstances the data we use to provide or promote our services as well as any information taken from you while you are using our web site will not be passed to any other individual or organisation.

Elderberry Wedding Song
Unit 10
Gleneagles Park
Glasgow
G71 8UT
weddingsong@elderberrymusic.com