My T&C's

[WWDJ]

After a bit of help (thanks Angela and Hammy!) ... I have managed to put together some Terms and Conditions which hopefully represent a sensible approach to the 15 or so gigs a year that I intend to do going forward.

i am wondering whether there is anything else that should go in relating to volume, sound limiters and any manner of things that the customer could potentially complain or try and stitch me up with.

Here are the T&C's. I have deliberately posted a link because they are long and i can adjust them on the fly.

http://www.wfsd.co.uk/?p=150

If you get a moment can you cast your eyes down them to see if there is anything obvious missing or any errors. I would be extremely grateful as I need to get these out to a client this weekend.

Thanks in advance!

Dave

[marting]

just a few things at first read


section 2.1
A booking date is held for 14 days from the date of enquiry and will then be released for other bookings is the signed Event Agreement is not received.

2.5. Cancellation

The Customer should information the Supplier in writing of cancellation. The Supplier does not operate a cancellation fee, nor will the balance become due if your event is cancelled. Your deposit however will not be refunded is the event is within 28 day

[WWDJ]

just a few things at first read


section 2.1
A booking date is held for 14 days from the date of enquiry and will then be released for other bookings is the signed Event Agreement is not received.

2.5. Cancellation

The Customer should information the Supplier in writing of cancellation. The Supplier does not operate a cancellation fee, nor will the balance become due if your event is cancelled. Your deposit however will not be refunded is the event is within 28 day

Ta muchly. Now amended.

[WWDJ]

Anything else anyone can spot ?

[Dr Spin]

The equipment is supplied by WIred For Sound Disco who is hereinafter referred to as the SUPPLIER.

The Supplier does not operate a cancellation fee, nor will the balance become due if your event is cancelled. Your deposit however will not be refunded if the event is within 28 days.

Suggested: The cancellation fee is as follows: Cancellation within 28 days - loss of deposit. Cancellation over 28 days - no charge

The Customer must ensure that the Supplier has access to two 13 amp 240 volt standard electrical sockets at the Disc Jockey working position. (should be 230 volt)

If however there is an irreparable breakdown in lighting a partial refund will be given. If there is an irreparable breakdown in sound a full refund will be given, but this will be the limit of the Supplier’s liability to the Customer.

Suggested: If however there is an irreparable breakdown in lighting a refund of up to 25% will be given. If there is an irreparable breakdown in sound a refund of up to 100% will be given. In calculating the refund given, the factors that will be considered will be the nature of the breakdown, the amount of the equipment that is affected and the duration of the breakdown.

Or: a simpler suggestion: Except in cases of gross negligence the limit of the Supplier’s liability to the Customer shall be 100% of the contract price.

:beer1:

[WWDJ]

Thanks, I have incorporated many of your suggestions.

Anything else that anyone can spot or does this look sensible ?

http://www.wfsd.co.uk/?p=150

[katman]

2.2 Deposit

A deposit as detailed on the Event Agreement form is required. If the Event >> is << cancelled by the Customer up to 28 days before the Event then the deposit will be returned to the Customer.

Looks like you have a word missing. Looking good :)

[WWDJ]

Looks like you have a word missing. Looking good :)

:thumbs_up: Thanks!

[Prosoundz]

How do you feel about stating in your T&C's certain conditions with regard to weather and unability to get to venues?

If you have accepted a Booking and confirmed it, and then when the day came, for example it snowed and you were unable to get there, have you allowed for this?

Would you request payment in full as not your fault, or return deposit as a no show / cancellation, which it clearly is not.

[Corabar Entertainment]

That would fall under the 'force majeure' clause of your T&Cs (which every contract should have), and should render the situation as if the contract had never existed (ie you don't get any money, but you're not liable for any further damages)

[Dynamic Entertainment]

Angela...this is something that ive been looking as as mine is seriously lacking :o ...whats the best way to word it?

[Corabar Entertainment]

Well, obviously, it would depend on the rest of your contract / what's covered elsewhere / terms and definitions already within your T&Cs, but mine is worded:-


The Service Provider shall be entitled to terminate this contract without liability if for any reason beyond its control the Disc Jockey is unable to perform, due to fire or theft of equipment, illness or breakdown of vehicle or Act of God. The Service Provider will use all reasonable endeavours to locate a replacement Disc Jockey, but, in the unlikely event of a non performance all monies paid will be refunded, but this will be the limit of the Service Provider's liability to the Promoter.

[Prosoundz]

That would fall under the 'force majeure' clause of your T&Cs (which every contract should have), and should render the situation as if the contract had never existed (ie you don't get any money, but you're not liable for any further damages)

Thanks for that one

Should the client wish to book another date in the future, would it be reasonable to retain any deposit, on the basis that they complete the contract? Or would you encourage them to complete another?

[Corabar Entertainment]

If you want to negotiate a re-scheduling/deposit carry-forward, that's completely up to you, but just make sure you get whatever is agreed in writing to cover yourself.

[Dynamic Entertainment]

Well, obviously, it would depend on the rest of your contract / what's covered elsewhere / terms and definitions already within your T&Cs, but mine is worded:-

Thank you :beer1: