Please read the following terms and conditions carefully as they form a legally binding contract.
Booking contracts are negotiated by Toast Functions (the ‘agent’) between the ‘client’ and the ‘artist’. In this respect, Toast acts as an entertainment agency in issuing contracts and cannot be held responsible for non-fulfillment of bookings or non-payment of fees.
'Confirmation' will mean any verbal, electronic or written acceptance of this booking by BOTH the 'client' and the 'artist'.
All bookings take effect immediately upon 'confirmation'.
Non-signature/non-return of contract is not sufficient to cancel the booking or acceptance of these terms.
Upon 'confirmation' of the booking, Toast Functions will issue duplicate copies of the booking contract to both the 'client' and the 'act', which must be signed and returned within 7 days of receipt.
Toast Functions will store the signed contract(s) for safe keeping (copies available on request) and will act as the ‘agent’ negotiator between both parties for the period up to and including the date of the event, and for twelve months after the event.
Where appropriate, words importing the masculine shall also include the feminine and the singular number shall also include the plural and vice versa. If any term of this Contract is held by any court to be invalid or unenforceable, the remainder of its terms shall still remain in force.
The agreed booking fees may be subject to change (in agreement with both the 'client' and the 'artist') if any details on the contract are altered. All changes to the contract must be arranged & agreed by Toast Functions in advance of the event.
The agreed booking deposit is payable on receipt of invoice and strictly within 14 working days. The deposit can be paid by BACS transfer or cheque. Full payment details are available on the client's invoice. This first payment is non refundable except in those circumstances covered by ‘force majeure’ (see clause 14.)
If you have not paid, or have made no attempt to pay the 1st payment within 14 days of the Booking, we reserve the right to pass the matter onto a third party debt collection agency, and you will be liable to pay an additional 15% of the 1st payment.
Cancellation by the ‘client’:
Cancellation by the 'client' is not allowed for any reason except circumstances covered by 'force majeure' (see clause 14.) In the event that the ‘client’ cancels the booking, the ‘client’ agrees to inform Toast Functions immediately. Toast Functions agrees to inform the ‘artist’ of the cancellation immediately.
Cancellation by the ‘client’ up to 90 days from the event will result in loss of deposit and 50% of the remaining balance will be payable by the ‘client’ within 14 days.
Cancellation by the ‘client’ within 90 days and up to 61 days of the event will result in loss of deposit and 75% of the remaining balance will be payable by the ‘client’ within 14 days.
Cancellation by the ‘client’ within 60 days of the event will result in loss of deposit and 100% of the remaining balance will be payable by the ‘client’ within 14 days.
'Artist' cancellation fees should be sent to Toast Functions to be forwarded on to the 'artist' within 7 days of receipt.
Cancellation by the ‘artist’:
Cancellation by the 'artist' is not allowed for any reason except circumstances covered by 'force majeure' (see clause 14.)
In the unlikely event that the ‘artist’ cancels the booking, the ‘artist’ agrees to inform Toast Functions immediately. Toast Functions agrees to inform the ‘client’ of the cancellation and make all reasonable attempts to find a suitable replacement artist of similar standard and style, at no extra cost to the ‘client’. Should a suitable replacement not be found, Toast Function s agrees to refund the ‘client’ their deposit plus any other booking fees already paid in advance.
Should the ‘artist’ cancel a booking under circumstances not covered by 'force majeure' (see clause 14) the ‘client’ may pursue unlimited damages from the ‘artist’ as they see fit. The ‘artist’ also agrees to pay Toast Functions an administration fee equal to the commission due on the booking (referred to previously as the ‘deposit’) and this must be paid to Toast Functions within 7 working days. The 'artist' also agrees to refund the 'client' any difference between the original booking fee and the fee charged by any replacement artist arranged for the ‘client’ by Toast Functions.
There will be no refund given to the 'client' against the booking deposit already paid, and no ‘administration charge’ will be made to the band, if a replacement artist of similar value can be arranged by Toast Functions and agreed by the ‘client’. However, should a replacement artist charge a much lower fee, the client will be refunded a proportionate amount of their booking deposit and the replacement artist will be due their usual fee. Where possible, the 'client' and 'artist' will be contacted to agree this in advance.
If a replacement artist is required last minute and the 'client' is not happy to accept the replacement artist, they must not allow the replacement artist to perform. If the replacement artist is allowed to perform, their full fee will be due.
Where possible, changes to the contract schedule, which are unavoidable on the day of the event should first be discussed & agreed with Toast Functions. Should this not be possible, changes are to be agreed between the ‘client’ and the ‘artist’ prior to performance.
Any changes will be subject to these terms and conditions.
If changes negotiated between the ‘client’ and the ‘artist’ on the day of the event are agreed to incur additional costs to the ‘client’, the ‘artist’ accepts full responsibility for arranging the collection of additional fees and agrees that these fees will be subject to Toast Functions’ standard rate of commission. The 'artist' must disclose to Toast Functions additional monies collected within 7 days of the event and forward commission due within 7 days.
The ‘client’ agrees to negotiate all future bookings of the ‘artist’ with Toast Functions and not with the ‘artist’ directly.
The ‘artist’ agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of Toast Functions, to the ‘client’, their guests, staff, venue or contractors. If approached, the ‘artist’ must inform the person/s concerned to contact Toast Functions. Any other action will contravene the terms of this contract, and if you are found to have done this you will cease to be used by Toast Functions and invoiced for commission against any resulting work accordingly.
The Contract is subject to you providing a hot meal and unlimited soft drinks including water for all act personnel attending.
If the ‘client’ has agreed on the front of this contract to cover additional expenses incurred by the ‘artist’ (such as taxi’s, food, rehearsal time, accommodation, flights etc) the ‘artist’ must provide receipts and an invoice to the ‘client’ within 14 days after the event.
The ‘client’ must reimburse all expenses to the ‘artist’ within 14 days of invoice.
Power: It is the responsibility of the ‘client’ to ensure that a safe source of power is provided for the 'artist', should the 'artist' require power, and that all local authority regulations are adhered to. Further information regarding power requirements specific to each artist will be detailed on the artist booking contract.
Venue constraints: It is the responsibility of the ‘client’ to ensure that the performance venue will provide a safe performance area, and to ensure that the venue is happy to accommodate the performance of such live music, including any live music licenses. Other considerations, such as noise limitations, should be mutually agreed between Toast Functions and the 'client' prior to booking. Any relevant information should be disclosed to Toast Functions prior to booking confirmation.
Performance Area: It is the responsibility of the ‘client’ to ensure that a suitable performance area is provided. From the point of view of the performance and the overall look, this should ideally be a raised stage to distinguish the staging area from the dancing/seating area. However, the 'artist' can perform without raised staging if necessary. Performance space requirements specific to each artist will be detailed on the artist-booking contract.
Dressing Room: It is the responsibility of the ‘client’ to ensure suitable dressing room facilities are available. This must not be a toilet.
Load In: It is the responsibility of the ‘client’ to ensure the venue is appropriate for the setting up and loading of equipment. Parking must available within 50 metres of the performance area for unloading purposes. If personnel are required to climb more than 10 steps whilst unloading you must ensure there is a lift available or we reserve the right to charge you reasonable additional fees towards extra personnel required.
Free Parking: It is the responsibility of the ‘client’ to ensure that parking must also be available for the duration of the event otherwise the ‘client’ will be liable for any parking charges.
Security: It is the responsibility of the ‘client’ to provide adequate supervision and/or security at all times. In the event of unruly or threatening behaviour from any person, the Artiste is entitled to cease the performance but you will still be liable for the Act Fee in full.
For evening events (performances scheduled to begin at 7.30pm or later) the 'artist' will arrive at the venue 90 minutes prior to the scheduled start time, or at any time requested by the client, provided this is no earlier than 6pm. The 'artist' will take up to 90 minutes to prepare for the performance and this time will be used to set-up equipment, sound check (if necessary) and change into performance outfits. If the ‘artist’ is required to arrive at the venue earlier than 6pm, possibly due to venue limitations or logistical issues, this may negotiated with Toast Functions and extra fees will apply.
For all other events (morning, afternoon and late evening events scheduled to begin prior to 7.30pm) the artist will arrive on-site up to 90 minutes before the scheduled start time. This time will be used to set-up equipment, sound check (if necessary) and change into performance outfits. If the ‘artist’ is required to arrive at the venue earlier than 90 minutes prior to the start of their performance, possibly due to venue limitations or logistical issues, this may negotiated with the Toast Functions and extra fees may apply. For evening events (performances scheduled to being at 7.30pm or later) the 'artist' must finish their performance by midnight. Later finishes may negotiated with Toast Functions and agreed on the booking form. Extra fees will apply.
The musicians featured on each acts profile page perform to the highest standard and the act owner is responsible for ensuring that all personnel booked, perform the engagement to a similar high standard and act politely and be suitable dressed during their performances.
The artist does not guarantee the presence of any specific personnel for the engagement unless Toast Functions have specifically referred to them in the booking confirmation email.
The artist will provide all equipment suitable for the engagement and will hold a minimum of £5,000,000 Public liability Insurance and all the appropriate PAT certificates for any electrical equipment brought to the venue.
A 'dep' performer will mean a person or persons who stand in for one or more of the 'artists' standard group of performers should they be unable to perform due to prior commitments or illness. The ‘artist’ will perform using their standard group of performers as advertised to Toast Functions and the ‘client’ unless otherwise agreed by Toast Functions and the ‘client’ in advance, or in cases of emergency. The ‘artist’ agrees that any ‘dep’ performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the ‘dep’ will have a good knowledge of the ‘artists’ repertoire, and represent the ‘artist’ to the same high standard that is known by Toast Functions and expected by the 'client'. The 'artist' agrees that if a usual group member is ill and a suitable 'dep' performer is available, and this performer can satisfy the conditions of competence outlined above, the ‘artist’ will use the services of the 'dep' performer rather than cancel the booking under the terms of 'Force Majeure' (see clause 14 below.)
There will be no reduction in the ‘artists’ fee if a ‘dep’ performer is used although, if in advance of the event the 'client' is able to listen to a recording of the proposed 'dep' performer and is not happy with the replacement, they have the right to cancel the booking without penalty and the 'artist' will be liable for the cancellation under the terms of clause 5 unless ‘Force Majeure’ may be applied.
It is agreed by the ‘client’ and the ‘artist’ that the equipment and instruments of the ‘artist’ are not available for use by other performers or persons except by specific permission of the 'artist'.
In cases of ‘Force Majeure’ (which shall be known 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), which are not attributable to any act or failure to take preventive action by the ‘artist’ or ‘client’, then the ‘artist’ or ‘client’ may cancel this booking without penalty other than loss of deposit.
In the event you have any complaint against the Artiste or us and as a condition precedent to any compensation claim, the issue must be put in writing and forwarded to us within 48hours of the Engagement taking place.