General Terms and Conditions
Perfect Beat Glasgow will be known as the “PBG” from herein. Perfect Beat Glasgow will provide services specifically for the EVENT as described at time of booking and none other. Services rendered onto the client for this event shall commence upon acceptance of this Agreement by Client and PBG. If the Event Type is other than specified, PBG reserves the right to terminate performance.This agreement shall become binding upon the two parties at which time this Agreement is accepted by the Client or a representative thereof and is received with the NON-Refundable Retainer Fee (deposit).
PBG may elect not to exercise their rights as specified in this agreement. By doing so, PBG does not waive their right to exercise those rights at a future date. In the event of any breach of this agreement by the Client, PBG shall be entitled to all fees and costs incurred in enforcing the terms of this agreement, including those incurred on appeal, and in enforcing any judgement until all obligations have been paid in full.
PAYMENTS
A Retainer fee (25% deposit) is payable at time of booking to hold your date in our calendar. Once paid, we will reject other jobs for that date and as such your deposit is non-refundable. The Final balance is due 28 days before your event (or within 14 days of the event if your booking is made the same month as your booking).
PLEASE NOTE: If the full balance is not paid by the written due date and the client fails to respond to requests for payment, PBG reserves the right to cancel the booking after the third failed attempt to secure payment. In all such circumstances, the client's NON-Refundable Retainer Fee (deposit) will be forfeited.
In the event that the client cancels the booking, the following charges will apply:
Cancellations outwith 3 months of your event – No further payment required
Cancellations between 2-3 months of your event – 10% of total balance due
Cancellations between 1-2 months of your event – 25% of total balance due
Cancellations 1 calendar month or less of your event 100% of your fee is due
In some circumstances, PBG may be able to accomodate requests to postpone an event to a new agreed date (subject to availability). All such requests need to be made in writing, stating the reason for same.
FORCE MAJEURE
PBG’s performance of these terms and conditions are subject to PBG’s death, serious illness, accidents, unexpected mechanical delays or failures or Acts of God, or any other legitimate condition beyond PBG’s control. If such circumstances arise, all reasonable efforts will be made by PBG to find a comparable replacement at the agreed upon fees. Should PBG be unable to procure a replacement, Client shall receive a full refund of all fees paid to PBG. In the event of equipment failure after the start of the performance that prevents completion of the engagement, the total Performance Fee will be Pro-Rated to the amount of service provided. All stoppages or delays of service due to the fault of the PBG will result in amended performance time equaling the original contracted time. If amended performance time is not possible the total Performance Fee will be Pro-Rated to the amount of service provided. The Client agrees that in all circumstances, PBG's liability shall be exclusively limited to refunding the fees paid and that PBG shall not be liable for indirect or consequential damages arising from any breach of contract.
CLIENT FOR CONDUCT OF GUESTS AND/OR AGENTS
The Client is responsible for the conduct of its guests, including but not necessarily limited to damage to the equipment and music used by the PBG as well as individual and/or group behaviour that may be considered to be undesirable.
PBG reserves the right to cease performance in the event that any condition, including action of the Client, it’s guests and/or agents, create a threat to the PBG’s personal safety and/or that of their equipment and music. In such an event, the Client will be given the opportunity to resolve the condition to the satisfaction of the PBG. If the Client fails to do so, the Engagement shall be deemed completed and full payment due.
To prevent damage to equipment or music or liability arising from accidental injury to anyone attending this Engagement, PBG reserves the right to limit or deny access to the sound system, music recordings or other equipment.
The client must take appropriate steps to ensure that their guests (including small children) are appropriately supervised at all times and that children are not left unsupervised at, or near equipment, especially lighting. Any damage or injury as a result of the client's failure to adhere to this is the sole responsibility of the client.
CREATIVE CONTROL
The Client grants to the PBG complete creative control with respect to music programming and fixture placement such as dancefloors with the following exceptions: 1) If the Client and PBG have, prior to entering into this agreement, agreed upon inclusion and/or exclusion of specific selections and/or types of music, PBG will to the best of their ability, comply with any such agreement. 2) If minors will be in attendance at the event, PBG will, to the best of their ability, exclude musical selections containing language that could be reasonably be considered obscene. The Client agrees that, in such circumstances, PBG may use versions of such musical selections that have been edited or otherwise modified for radio broadcast use. 3) The client agrees that PBG has sole discretion regarding music choices and reserves the right not to play such music choices that may be considered offensive, or that might incite violence, hatred or hostility including, but not limited to, songs with content related to football, sectarianism, religion, racism or songs that denigrate minorities.
PHYSICAL REQUIREMENTS TO BE SUPPLIED BY CLIENT
The Client agrees to supply, or arrange for the Venue to: 1) Provide a suitable setup area that is accessible and safe 2) A minimum of four power points suitable for the use of computers and PA equipment. 3) If outdoors, adequate shelter from direct sunlight, rain and wind unless otherwise discussed and agreed in writing. 4) Take reasonable steps to ensure safety and security of all present including crowd control if deemed necessary. 5) Suitable parking during the event unless otherwise agreed and discussed. 6) A direct and obstacle free passage to the staging area. 7) The Venue has all appropriate music licensing and performance permits. 8) All required planning materials must be completed and received by PBG no later than one(1) week prior to the event. 9) If materials are not received by the deadline the event flow will default to the recommendations of event services including but not limited to PBG. If in the event any or all of the Physical Requirements are not met or are unavailable, PBG reserves the right to amend or adjust all necessary means of performance in order to provide services within available means for performance.
PROMOTION & SOCIAL MEDIA
PBG reserve the right to display limited promotional banners, leaflets, etc at each event unless requested not to by client. We reserve the right to publish sound & light check videos of our equipment, etc on our social media pages and website. Occasionally, PBG may film parts of events and whenever we do, will supply the footage to the client as a memento of their special occasion. PBG may also request the client's permission to publish such images on social media pages or our website. PBG retains full broadcast rights to any footage subsequently supplied to the client. Any footage that is sent to the client, but not published on our social media or website will not be retained by us, unless required for legal purposes.
ACCESS TO VENUE
PBG requests that they are permitted at least one (1) hour before and 45 minutes after the engagement for setup and take down. PBG reserves the right to levy additional charges if access is impeded by stairs, uneven or soft terrain, distance to the staging area, or elevator access.The Client is responsible for paying any charges imposed by the venue. These charges may include but are not limited to, parking, use of electric power, overtime before or after the engagement utilised by PBG for setting up and taking down equipment.
AMENDMENTS
Any changes must be written (or b. The latest agreement supersedes all previous agreements between Client and PBG for the engagement listed above. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force. Client may not transfer this contract to another party without prior written consent of PBG.
LIMITATION OF LIABILITY
Client agrees to defend, indemnify, assume liability for and hold PBG harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis (except in the case of gross negligence on the part of PBG), which pertains directly or indirectly to PBG's performance.
PUBLIC LIABILITY INSURANCE
We operate with public liability insurance up to £5,000,000. Copy of certificate available upon request.