The Four Kicks – Booking Terms & Conditions

Definitions

For the purpose of this contract, the term ‘the Band’ refers to ‘The Four Kicks’, ‘the Client’ refers to the individual, group or entity booking the Band. The term “the Venue” refers to the location or place at which the Performance is to take place, as agreed upon by both the Band and the Client, including but not limited to any stages, performance areas, facilities, parking spaces, and dressing rooms provided therein. ‘the Performance’ refers to the live music show performed by the Band, as agreed upon by both the Band and the Client, including the time duration, the set list, sound checks, and any additional performances agreed upon. This encompasses the period from the start of the Band’s Performance to the end, including any intermissions or breaks agreed upon beforehand.

1. Booking and Payment

The booking deposit is due within 7 days from both parties accepting the booking. Unless otherwise stated in the Client’s quote, the remaining balance should be settled with the Band prior to the commencement of the Performance on the day of the event. If the Band opts not to collect payment on the day, the Client must settle the remaining balance within 7 days of the event.

2. Cancellation Fees

If the Client decides to cancel the booking after an agreement has been reached, the following cancellation fees will apply:

• More than 60 days before the Performance date – 25% of the fee.
• Between 60 and 30 days of the Performance date – 50% of the fee.
• Between 29 and 15 days of the Performance date – 75% of the fee.
• Between 14 days until the day of the Performance – 100% of the fee.

3. Licences, Insurance and Safety

The Client is responsible for ensuring all relevant music licences, insurance policies, and safety tests are obtained prior to booking live music, and for verifying that there are no restrictions at the Venue that could prevent the Band from performing. Should the Performance be cancelled due to such issues, the Band will be entitled to their fee.

4. Performance Space

The Client or Venue is obliged to furnish an appropriate Performance space, hereinafter referred to as the “Performance Area,” for the Band. The Performance Area should meet the Band’s minimum spatial requirements, i.e., 3.5 meters in width, 2.2 meters in height, and 2.5 meters in depth. In the event that the Client or Venue supplies a stage, it is imperative that such stage maintains its structural integrity under the combined weight of the Band and its equipment.

Furthermore, the Performance Area must be adequately sheltered, effectively protecting the Band and their equipment from water, rain, high winds, falling debris, snow, or any other conditions that might result in equipment damage or pose safety risks.

The Band reserves the right to request a relocation within the Venue if the designated Performance Area is deemed unsatisfactory or unsafe. In such an event, if the Performance is terminated due to the aforementioned circumstances, the Band shall still be entitled to receive their full Performance fee.

5. Electricity and Security

The Client must ensure a safe supply of electricity, and security for the Band and their equipment at the Venue. The Band requires at least two 230/240v, 13-amp power-rated sockets within 2 metres of their Performance area.

6. Changing Area

The Client must provide a suitable area for the Band to change in and store their equipment. This area should be lockable if possible.

7. Parking

The Client is required to provide parking facilities for two vehicles for the Band within 50 metres of the Performance area.

8. Refreshments

The Client must provide adequate refreshments for the Band throughout their stay at the Performance Venue, including an unlimited supply of mineral water at minimum.

9. Sound Limitation

If the Client’s Venue is equipped with a sound limiter or enforces a policy that restricts the volume level of the Band’s Performance, the Client is responsible for informing the Band at minimum four (4) weeks prior to the Performance.

The Band reserves the right to modify their instrumentation to adhere to volume constraints within the Venue, particularly with regard to acoustic drums, which inherently possess challenging volume control. Under such circumstances, if the Band determines that the quality of their Performance could be adversely impacted by the use of an acoustic drum kit, they may substitute it with an electronic drum kit to manage volume levels more effectively.

Should the Band’s Performance fall short of the Client’s expectations due to the limitations imposed by a sound limiter, the Band is nonetheless entitled to their full fee. The Band bears no responsibility for Performance interruptions or exceeding the volume limits imposed by the sound limiter. It is important to note that sound limiters have the potential to disrupt power supply to the Band’s electrical equipment, which could damage equipment, disable some or all instruments, or alter device settings, thus potentially affecting Performance.

10. Additional Sets

While the Band is not obligated to perform additional sets beyond the agreed upon timescales, any extra Performances agreed upon on the night of the Performance will be charged at an hourly rate. The additional fee is due in cash on the night.

11. Band Obligations

a) The Band is obligated to perform for the minimum time duration as stated in their initial quotation, unless the Band is unable to complete their Performance due to the event running behind schedule, or because of Venue-imposed restrictions – in this case, full payment is still due to the Band.

c) The Band is committed to arrive in ample time for the setting up of their equipment, the verification of any safety requirements set forth by the Venue and conducting of a brief sound check, and to be fully prepared for the Performance in accordance with the timings stipulated in the quotation provided to the Client.

d) The Band commits to dress appropriately for their Performance. If the Venue has any specific dress code requirements, the Band agrees to comply, provided they have been informed a minimum of 4 weeks in advance.

12. Equipment Usage

The Client and the Band agree that all equipment and instruments of the musicians performing at the event, including but not limited to microphones, mixing desks, speakers, guitars, and lighting, are not available for use by any other person except with specific permission granted by the Band. Any damage to the Band’s equipment or instruments caused by anyone, other than the members of the Band, present at the event will be billed to the Client in accordance with this agreement.

Unauthorised use of the Band’s equipment may result in the termination of the Performance, under such circumstances, the Band will still be entitled to receive the full fee.

13. Setlist Control

The Band maintains final control over the setlist. While the Band will endeavour to perform requested songs, no guarantee is provided that the Band will play any specifically requested songs and the Band retain the right to create and control their setlist for the evening. The Band reserves the right to adjust songs to fit their performance style and will still be entitled to their full fee.

14. Safe and Respectful Environment

The Client is responsible for ensuring the Band’s comfort and safety, as well as shielding them from any aggressive or abusive behavior. Should the Client witness or be informed of such behavior from guests, staff or other Band members, it is the Client’s responsibility to ensure such behavior ceases.

Actions deemed unacceptable under this clause include, but are not limited to, unauthorised individuals entering the Performance area, unauthorised use of the Band’s equipment, inappropriate touching, physical abuse, aggressive language, threats of violence against the Band or others, throwing food, drink, or liquids within the Venue or directly at the Band, placing drinks, glasses, plates, or other items in the Performance area or on equipment, and not cleaning up broken glass or spilled drinks near the Band’s equipment.

The Band retains full discretion, during or before the Performance, to determine whether the Client has adequately fulfilled their obligations to protect the Band’s working environment. If the Band determines this obligation has not been met, they reserve the right to terminate the Performance. In such circumstances, the Band is still entitled to receive the full fee.

15. Substitute Performers

If a member of the Band is unable to perform, the Band is responsible for finding a suitable substitute. The use of a substitute performer is not grounds for the Client to cancel the Performance or to request a reduction of the Band’s final fee.

16. Force Majeure

No fee will be due to the Band if the Performance is suspended due to Royal Demise, National Mourning, Fire, Epidemic, War, Strikes, lockout or by reason or order of any Licensing or Public Authority. The deposit will be kept by the Band to cover the cost of the cancellation.

17. Band Cancellation or Rearrangement

If the Band cancel the Performance for any reason, a full refund must be made to the Client.