FPM

1. Definitions

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In this agreement:

 

“You” & “Client” means the customer or customers that received the proposal (where more than one person, they shall be jointly and severally liable).

 

"We", "Us" & "Our" means FPM Music Management (company number 13986307 whose registered office address is Third Floor, 207 Regent Street, London, England, W1B 3HH)

 

"Musician(s)" means the representatives we send to carry out the services on behalf of FPM Music Management.

 

“Management Fee” means the advance payment to secure the date of the Event and the Services.

 

“Event” means the event where the Services are to be delivered by FPM Music Management.

 

“Fees” means money paid, or owed to FPM Music Management by the Client for the Services

 

“Services” means the project of work, goods and services set out in the proposal.

 

“Terms” means these Terms and Conditions.

 

2. Price and Payment

 

2.1 The price for the Services is set out in the proposal. We are not registered for VAT.

 

2.2 The price and, where applicable, any expenses, shall be the Fees owed to FPM Music Management.

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2.3 The Fees for the Services shall be paid as follows:

 

- £xxx as a Management Fee to be paid within 14 days of entering into this agreement to secure the date of performance of the Services.

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- The balance of the Fees shall be invoiced with these Terms and paid in full at least 28 days prior to the Event.

 

2.4 Any upgrades or additions to the Services requested by the Client prior to the date of the Event shall only be agreed if confirmed in writing and paid in full at least 1 week prior to the Event.

 

3. Rearrangements of the Services and Cancellation

 

3.1 The Services can only be rearranged or cancelled in writing or by email subject to the matters set out in this clause.

 

3.2 If We cancel the Services, except in accordance with clause 4.11, Fees for any of the Services paid by the Client in advance will be repaid to the Client within 14 days of cancellation. No further refunds, sum or compensation will be payable to the Client by FPM Music Management arising from such cancellation.

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3.3.1 If the Client cancels the Services within 14 days of entering into this agreement, then the Management Fee shall be repaid to the Client in full.

 

3.3.2 If the Client cancels the Services more than 14 days after entering this agreement but more than 6 weeks before the Event then the Management Fee paid is forfeited and no further Fees shall be paid by the Client.

 

3.3.3 If the Client cancels the Services less than 6 weeks before the Event, then 100% of the Fees are payable immediately (less any Fees already paid) and any paid as at the date of cancellation are forfeited and are non-refundable in their entirety.

 

3.4 If the Client seeks to rearrange the date of the Services and/or the Event, this will be entirely at the absolute discretion of FPM Music Management, and subject to Our Musicians availability on the proposed rearranged date. In any event, a rearrangement of the date of the Services will constitute a cancellation unless otherwise agreed in writing by us.

 

3.5 We reserve the right to change the Musicians who provide the Services at any time, where any Musician is unavailable to attend the Event through illness or for any other reason, so long as the quality of the Services are not affected. A deputy(s) does not constitute grounds for a partial refund or cancellation. If a suitable alternative cannot be found, then We will cancel the Services and clause 3.2 will apply.

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4. General Conditions

 

4.1 Signing this document following receipt of the proposal and email/verbal instructions to progress with the Services by the Client will constitute an acceptance in full of the Terms.

 

4.2 The Services supplied shall be provided from the date, at a location and for a period of time agreed in writing from time to time. The Services shall terminate when they are completed, and all payments have been made in full. Variations to the Services may only be agreed in writing and may incur additional Fees.

 

4.3 The Fees will be paid after invoices rendered from time to time. Payment terms are on invoice, and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time, the Services may be suspended and payment in advance may be required before the Services are re - commenced.

 

4.4 We reserve the right to require all Fees to be paid in advance of the commencement of the Services where applicable and agreed in writing by us.

 

4.5 If payment is not made in accordance with the above clauses, We reserve the right to charge an administration fee of £50 to late payments together with interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

 

4.6 Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. Our privacy statement can be viewed on Our website.

 

4.7 Our liability in respect of any loss of good will, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL.

 

4.8 Our Musicians will use reasonable care and skill in performing the Services. Where any valid claim in respect of the Services is made the Client may only be entitled to a refund of the Fees or part of the Fees. In respect of any other direct losses (in Contract or Tort) Our total liability will not exceed the value of the Fees paid for the Services.

 

4.9 Nothing in the Terms will exclude or limit liability for death or serious injury caused by Our negligence.

 

4.10 The Services may be terminated if payment of the Fees is not made in accordance with the Terms, or if the Client commits a material breach of any of the Terms and fails to remedy the breach within 14 days of being notified in writing, or the Client makes any statements or behaves in any way or requests FPM Music Management or Our Musicians to undertake any actions that are discriminatory, illegal or immoral, or if the Client enters into any form of insolvency arrangement or suspends its business. Upon termination, the Client shall immediately pay any outstanding sums to Us.

 

4.11 We operate a zero-tolerance policy to anti-social or abusive behaviour by the Client or their guests. If Our Musicians are subjected to unacceptable levels of verbal abuse, drunken or lewd behaviour or actual or perceived threats, Our Musicians shall be entitled to immediately withdraw the Services and leave site without penalty or refund to the Client.

 

4.12 FPM Music Management and the Client agree that the equipment and instruments of each Musician providing the Services are not available for use by any other person(s), except by specific permission of the Musician.

 

4.13 Unless any additions to the Services requested by the Client prior to the Event have been paid for, including any special offers, Our Musicians will arrive at the Event at 6pm and stop providing the Services at 12am (6hrs).

 

4.14 If We are limited or hindered from providing Services booked by the Client due to circumstances beyond Our control eg. government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, epidemic or pandemic, then the liability of FPM Music Management to the Client shall not exceed the amount paid by the Client for the Services. The Management Fee shall be non-refundable, (being an approximation of the value of Services already rendered) and We shall (where the value of the Services already delivered to the Client is greater than the value of the Management Fee) be entitled to be paid additionally for all Services delivered to the Client up to that point. We shall not be liable for any additional losses incurred by the Client in such circumstances.

 

4.15 Nothing in the Terms are intended to create a partnership or joint venture between Us and the Client, and no party has the right to bind the other party in any way.

 

4.16 The Terms and any dispute arising from them shall be governed by the laws of England and Wales.