Terms Of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Information about us
www.fixthemusic.com is a website operated by FixTheMusic Limited ("FixTheMusic", "we", "us" or "our"). We are registered in England and Wales (incorporated on 22 December 2015) under company number 09925695 and have our registered office at 20 Gedling Court, Jamaica Road, London, SE1 2RN, United Kingdom. We are a private limited company and our directors are Edward Southall, Myles Eastwood and Adam Southall.
"Event Planner" means a Member who requests to book an Engagement via the Site.
"Act" means a Member who has a Profile on the Site.
"Profile" means an Act’s profile page on the Site.
"Member" means a person who completes our account registration process, including but not limited to Acts and Event Planners.
"Member Content" means all content that a Member posts, uploads, publishes, submits, transmits, or includes in their Profile to be made available through the Site.
Terms of Service
We reserve the right to modify the Site or Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you confirm that you are 18 or older.
How the Site and Services Work
The Site and Services can be used to facilitate the booking of live performance by the Acts (“Engagements”). You may view Profiles as an unregistered visitor to the Site and Services; however, if you wish to book an Act, you must first register to create an Account (defined below).
In order to access certain features of the Site, and to book an Engagement or create a Profile, you must register to create an account ("Account") and become a Member.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account and your access to the Site and Services if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions. You will immediately notify us of any unauthorised use of your Account.
Acts may create a Profile. On occasion, we may create Profiles for Acts using content provided by Acts or publicly available content. Profiles may be made publicly available via the Site. Event Planners will be able to book an Engagement with you via the Site based upon the information provided in your Profile.
You acknowledge and agree that you alone are responsible for any and all Profiles and Member Content you post. Accordingly, you represent and warrant that any Profile and the booking of an Engagement (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, and (b) not conflict with the rights of third parties. Please note that we assume no responsibility for an Act's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. We reserve the right, at any time and without prior notice, to remove or disable access to any Profile for any reason.
If an Event Planner requests to book an Act for an Engagement, any agreement you enter into with such Event Planner is between you and the Event Planner, and we are not a party to it. Notwithstanding the foregoing, we serve as the limited authorised payment collection agent of the Act for the purpose of accepting, on behalf of the Act, payments from Event Planners of such amounts stipulated by the Act.
We recommend that Event Planners and Acts obtain appropriate insurance for their Engagements, including but not limited to public liability insurance.
We do not endorse any Member or any Engagement. Members are required by these Terms to provide accurate information, and we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from FixTheMusic with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings.
Bookings and Financial Terms
"Business Day" means a day on which commercial banks are open for business in England and Wales.
"Fee" means the amounts that are due and payable by an Event Planner in exchange for the Act’s Engagement.
"Force Majeure Event" means any circumstance not within a party's reasonable control that prevents, hinders or delays the party in or from performing its obligations in respect of the Engagement, including: (a) acts of God, flood, earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots; (d) nuclear, chemical or biological contamination; and (e) any labour or trade dispute, strikes, industrial action or lockouts (unless reasonably foreseeable).
If you are an Act and a booking is requested for an Engagement via the Site, you will be required to either confirm or reject the booking request within a reasonable period of time, otherwise the booking request will automatically expire and may be offered to other Acts.
We will collect (i) 35% of the Fee at the time of booking confirmation (i.e. when the booking request is confirmed by the Act), and (ii) the remaining 65% of the Fee on the date 45 days prior to the Engagement. Where the booking is confirmed within 45 days of the Engagement, we will collect 100% of the Fee at the time of booking confirmation.
Where the Act accepts an Engagement and the booking is confirmed by the Event Planner paying in accordance with the paragraph above, an agreement is made between the Event Planner and Act, by which the Event Planner engages the Act and the Act is obliged: (i) to provide a combination of musicians (where the Act is a group of musicians) to perform; or (ii) to perform (where the Act is a solo musician):
• at the venue;
• on the date(s);
• at the time(s) (from the agreed start time to finish time); and
• for the fee,
as detailed in the written email conversation between the Event Planner and Act.
We will initiate payment to the Act one Business Day after the Engagement (except to the extent that a refund is due to the Event Planner). The time it takes for the Act to receive payouts may depend upon the payout method chosen by the Act. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Act, including by deducting their charges from the payout amount.
We may impose or deduct foreign currency processing costs on or from any payments or payouts by us in currencies other than GBP.
Appointment of FixTheMusic as Limited Payment Collection Agent for Act
Each Act hereby appoints FixTheMusic as the Act's limited payment collection agent solely for the purpose of accepting the Fee from Event Planners. Our obligation to pay the Act is subject to and conditional upon successful receipt of the relevant payments from Event Planners. We do not guarantee payments to Acts for amounts that have not been successfully received by FixTheMusic from Event Planners.
Bookings and Financial Terms
The Acts, not FixTheMusic, are solely responsible for honouring any confirmed bookings and performing at any Engagements reserved through the Site. You acknowledge and agree that you, and not FixTheMusic, will be responsible for performing the obligations of any such agreements, that FixTheMusic is not a party to such agreements, and that, with the exception of its payment obligations hereunder, FixTheMusic disclaims all liability arising from or related to any such agreements.
You as an Event Planner agree to pay us for the Fee for any booking requested in connection with your Account if such requested bookings are confirmed by the applicable Act and you. You agree to pay us (i) 35% of the Fee at the time of booking confirmation (i.e. when the booking request is confirmed by the Act), and (ii) the remaining 65% of the Fee on or prior to the date occurring 45 days prior to the Engagement. Where the booking is confirmed within 45 days of the Engagement, you agree to pay 100% of the Fee at the time of booking confirmation.
In the event that the Event Planner does not pay in accordance with the Terms, any agreement between the Event Planner and Act shall be terminated and the Act shall not be obligated to perform at the Engagement.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to FixTheMusic or its third-party payment processor(s). You agree to pay FixTheMusic for any confirmed bookings made in connection with your Account in accordance with these Terms by one of the methods described on the Site. Once your confirmed booking transaction is complete you will receive a confirmation email summarising your confirmed booking.
If, as an Event Planner, you wish to cancel a confirmed booking made via the Site for whatever reason on or prior to the date occurring 45 days before the Engagement, you will be entitled to a refund only to the extent you paid more than 35% of the Fee (less any transaction or administration fees).
If, as an Event Planner, you wish to cancel a confirmed booking made via the Site after the date occurring 45 days before the Engagement, you will not be entitled to any refund. Where you have paid 100% of the Fee and you cancel a confirmed booking made via the Site because of a Force Majeure Event, you will be entitled to a 50% refund, provided you give written notice to us and the Act within a reasonable time of the Force Majeure Event occurring and use all reasonable endeavours to mitigate the effect of the Force Majeure Event.
If material details of any confirmed booking are altered, the Act will not be obliged to perform at the Engagement and you (as Event Planner) will remain liable to pay the Fee.
If an Act cancels a confirmed booking or fails to honour any confirmed booking made via the Site, (i) we will (a) refund the amount paid by the applicable Event Planner within a reasonable time of the cancellation, unless a suitable replacement Act is found through FixTheMusic and (b) use reasonable endeavours to find a similar Act to perform at the Engagement; and (ii) the applicable Act will (a) use best endeavours to find a similar Act to perform at the Engagement, (b) not be entitled to receive any of the Fee, and (c) unless such cancellation or failure is due to the Act’s proven illness or a Force Majeure Event, be liable to pay FixTheMusic an amount equivalent to 50% of the Fee or the difference between the Fee and the fee of any similar Act booked through FixTheMusic (whichever is the greater). Where an Act cancels, we cannot guarantee a replacement will be available or satisfactory to the Event Planner and we are under no obligation to provide a replacement Act. However, FixTheMusic operates a vast private database of thousands of professional musicians that can be contacted in the unlikely event of a cancellation.
An Act may not rely on a Force Majeure Event unless it has used best endeavours to fulfil its obligations to the Event Planner in respect of the Engagement and taken reasonable steps to avoid and mitigate the impact of the Force Majeure Event.
Where an Act is subject to a Force Majeure Event, it shall be entitled to be reimbursed by the Event Planner for its proven travel costs where the transport service provider has not reimbursed the Act, provided the Act has used best endeavours to recoup the cost from the transport service provider.
Use of Alternative Performers
On occasion, Act line-ups may be subject to change and this may occur without notice unless the Act is of significant celebrity, or the Event Planner has requested a specific member in agreement with the Act.
Where applicable, wherever possible the Act should utilise the band line-up as represented to the Event Planner, unless the need arises to substitute a performer due to unforeseen circumstances. The Act will have substitutes known as a Deputy or ‘Dep’ performers on-call to cover all eventualities and reserves the right to use one or more Deps should the need arise. The Act agrees that any ‘Dep’ performers utilised will have equivalent ability and represent the Act to the customary manner in which the Act has portrayed themselves to the Event Planner.
If a suitable ‘Dep’ performer is available, the Act will utilise them rather than cancel the booking. A reduction or increase in the booking fee for the use of a ‘Dep’ performer is not applicable and neither does it constitute grounds for cancellation unless the Act being replaced is of significant celebrity.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site and Services. In connection with your use of the Site and Services, you may not and you agree that you will not:
• violate any local, state, provincial, national, or other law or regulation, or any order of a court; use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site;
• use the Site for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, store or otherwise access or use any information contained on the Site for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Site including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
• register for more than one Account or register for an Account on behalf of an individual other than yourself;
• contact an Act for any purpose other than asking a question related to a booking;
• contact an Event Planner for any purpose other than asking a question related to a booking;
• recruit or otherwise solicit any Act or other Member to join third-party services or websites that are competitive to FixTheMusic, without FixTheMusic's prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information from or otherwise interact with the Site;
• use the Site to find an Act or Event Planner and then complete a booking of an Engagement independent of the Site, in order to circumvent the obligation to pay any fees related to FixTheMusic’s provision of the Services or for any other reasons;
• post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Site, or any individual element within the Site, FixTheMusic's name, any trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, without FixTheMusic's express written consent;
• access, tamper with, or use non-public areas of the Site, FixTheMusic's computer systems, or the technical delivery systems of FixTheMusic's providers;
• attempt to probe, scan, or test the vulnerability of any FixTheMusic system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by FixTheMusic or any of FixTheMusic's providers or any other third party (including another user) to protect the Site;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site; or advocate, encourage, or assist any third party in doing any of the foregoing; and
• accept or make a payment of the Fee outside FixTheMusic. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold FixTheMusic harmless from any liability for such payment.
Except as stated otherwise, we are the owner or the licensee of all intellectual property rights in the Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
We may permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site or allowing us to create you a Profile, you hereby grant to us a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site. We do not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site or permit us to use. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or our use of the Member Content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
Suspension, Termination and Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, your Account or receive assistance from our customer service, (b) any pending or accepted future bookings as either Act or Event Planner will be immediately terminated, (c) we may communicate to Acts or Event Planners that a potential or confirmed booking has been cancelled, (d) we may refund Event Planners in full for any and all confirmed reservations, and (f) you will not be entitled to any compensation for bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Account. You may cancel your Account by sending us an email.
FixTheMusic makes available an online platform or marketplace with related technology for Event Planners and Acts to arrange for bookings of live performances directly with each other. Unless explicitly specified otherwise, our responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited payment collection agent of each Act for the purpose of accepting payments from Event Planners on behalf of the Act.
Please note that the Site and Services are intended to be used to facilitate Event Planners and Acts connecting and booking Engagements directly with each other. We are not responsible for and disclaim any and all liability related to any and all Engagements. Accordingly, any bookings will be made or accepted at the Member’s own risk.
The Site and Services comprise an online platform through which Acts may have Profiles and Event Planners may learn about and book the Acts directly. You understand and agree that FixTheMusic is not a party to any agreements entered into between Acts and Event Planners, nor is FixTheMusic an entertainment agent, broker or insurer. We have no control over the conduct of Acts, Event Planners and other users of the Site and Services, and we disclaim all liability in this regard to the maximum extent permitted by law.
You acknowledge and agree that, by accessing or using the Site or Services or by downloading or posting any content from or on the Site or through the Services, you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with the Site. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
By accepting an offer and entering into a contract with a customer, the Acts acknowledges that they are responsible for the legal status of their working activities. FixTheMusic will not be held responsible by either party for Acts who are restricted from working in the country an enquiry is posted or listed in. FixTheMusic recommends that both Acts and Event Planners carry out such checks as may be necessary to ensure that the fulfillment of an Engagement will not be in breach of any applicable laws.
If you choose to use the Site, you do so at your sole risk. The Site is provided “as is”, without warranty of any kind, either express or implied. We make no warranty that the Site, including, but not limited to, any Profiles or Engagements, will meet your requirements or be available on an uninterrupted, secure or error-free basis. We make no warranty regarding the quality of any Acts, Event Planners, Profiles or Engagements, or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Site.
You are solely responsible for all of your communications and interactions with other users of the Site. You understand that we do not make any attempt to verify the statements of users of the Site. We make no representations or warranties as to the conduct of users of the Site. Notwithstanding our appointment as the limited payment collection agent of the Acts for the purpose of accepting payments from Event Planners on behalf of the Acts, we explicitly disclaim all liability for any act or omission of any Event Planner or other third party.
Limitation of Liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, the Site; or
• use of or reliance on any content displayed on the Site.
If you are a business user, please note that in particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We are not liable for any injury to persons or damage to instruments or equipment resulting from an Engagement made through the Site. We encourage Acts to check, and if necessary purchase, an appropriate insurance policy before any Engagement. We are not party to any agreement or disagreement between Acts and Event Planners regarding claims for damages of any form.
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Site, and any bookings made via the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding bookings or the Site.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services.
Responsible hiring of bands and musicians in the United Kingdom
We have published a brief guide for event planners with regard to responsible hiring of bands and musicians in the United Kingdom.
At FixTheMusic, we’re committed to minimising our carbon footprint. Have a read of our Environmental Policy.
Web Accessibility Statement
We’re working to make FixTheMusic.com as accessible as possible to all users. Please have a read of our Web Accessibility Statement.
Equality and Diversity
FixTheMusic is committed to promoting equality and diversity in its activities, processes and culture. Please have a read of our Equality and Diversity Statement.
To contact us, please email firstname.lastname@example.org or call us on 020 7193 0615.