1) The "Agent" is Ross Aiken (pka Ross Debos) t/a Sunday SouLounge/Elite Artists.
2) The "Venue": Shall mean the legal entity making the booking request. Reference to the "Venue" shall also be deemed to include the actual legal owner of the Venue on a joint and several basis.
3) Performance Date: Shall mean the date when the services of the booked Artist/DJ is supposed to be performed.
4) The Fee: Shall mean the money payable by the Venue for the relevant booking.
5) The App: Shall mean the booking portal for the Venue to use in relation to making offers to book DJs and/or Artists and/or other personnel represented by the Agent.
6) Conduct: The Venue and personnel shall treat the Artist/DJ with courtesy and respect.
7) Scope: All gigs booked by any Venue shall be subject to these Terms and Conditions.
8) Bookings: Details must be completed via the App on a gig-by-gig basis. For Event Management basis, Agent is authorized to make repeat bookings. Ongoing Event Management bookings may be cancelled on two (2) weeks written notice.
9) Contract: A binding contract is concluded once written confirmation of acceptance is sent via the App.
10) Cancellation: Less than 2 weeks before: Full Fee due to Agent. Over 2 weeks before: 50% Fee due to Agent.
11) Cooling-off: Every booking is subject to a three (3) hour cooling-off period without penalty.
12) Artist Cancellation: If an Artist cancels less than seven (7) days before a performance, they are required to compensate the Venue the full Fee if the Agent fails to submit a replacement.
13) Liability: The Agent contracts solely as an agent and has no liability for breaches or omissions by Artists/DJs.
14) Jurisdiction: All bookings are subject to English law and the exclusive jurisdiction of the courts of England and Wales.
15) Late Arrival: Venue must use the "Where's The Musician" button if an artist is late. Agent is not responsible for the Artist's failure to comply with procedures.
16-19) General: Masculine includes feminine; singular includes plural. Void clauses do not affect the remainder. No variations unless agreed in writing. Bookings are non-assignable.
a) Direct Booking Breach: If the Venue breaches exclusivity by booking directly, the Venue agrees to pay a fee of £500 per gig ("Bypass Fee").
b) Past Booking Fee: In addition, the Venue agrees to pay £25 for each prior booking of that Artist facilitate by the Agent or App.
c) Recovery: Total amounts due shall be payable within 14 days of the breach being identified.
d) Legal Proceeding: The Agent shall be entitled to issue formal legal proceedings in its own name to recover fees due.
e) Loss Estimates: Venue acknowledges Bypass and Past Booking Fees reflect a reasonable pre-estimate of losses suffered by the Agent.
f) Representation: Agent never acts as the Venue's agent.
21-26) Booking Submission: App requests constitute an Offer/Invitation to Treat. Fees subject to VAT. Venue warrants it has Occupiers Liability insurance. Equipment requirements include lighting and electricity.
27) Acceptance: By submitting a request via the App, the Venue accepts these Terms and Conditions.
28-30) Payments: Payment made in cash on the night unless otherwise stated. Group venues (Stonegate/Mitchell & Butler) made via Event UK. Greene King venues via SAP Concur.
31) Variations: The most current version shall apply to all future bookings and is deemed accepted upon submission of a new booking request.