Terms & conditions

Introduction

If you do not understand any part of these Terms and Conditions, please contact MBM Music or seek legal advice before confirming a booking and agreeing to them.

A booking is confirmed when the client accepts the Booking Contract in writing or electronically (including by e-signature). Quotes, availability checks and verbal discussions are not binding until then. These Terms and Conditions form part of the Booking Contract. If you would like to discuss any term before you accept, please contact us and we will consider that in good faith.

If the signed Booking Contract and deposit are not received within 7 days of issue (or any later date we agree in writing), we may treat the offer of the booking as withdrawn and release the date.

These terms apply to bookings made with MBM Music as agent. Where you are booking as a consumer (an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession), your statutory rights are not affected. Where you are booking as a business, the consumer cancellation right in Clause 8A does not apply.

Clause 1: Definition

The following definitions refer to the Booking Contract and these Terms and Conditions. MBM Music is the ‘agent’, and acts as negotiator between the ‘client’ and ‘artist’. Therefore, the ‘agent’ acts as an employment agency and is not a party to the resulting Booking Contract itself. Therefore, the ‘agent’ does not accept responsibility for non-fulfilment or breach of any such contract.

Clause 2: The Booking Process

Once the booking has been confirmed, the agent issues the client a Booking Contract for signature. This should be checked, signed and returned to the agent within 7 days. The artist will then also be issued a Booking Contract and should also check, sign and return it within 7 days. Upon receipt, both copies shall be filed by the agent.

The Booking Contract may be modified with agreement from all parties concerned. However, alterations should be notified to the agent who will continue to act as negotiator in advance of the event. Where necessary the Booking Contract may be reissued.

Clause 3: Payment of Booking Fees

The booking deposit and signed Booking Contract are due within 7 days of issue and, unless specified otherwise in the Booking Contract, the remaining balance should be paid to the artist on the day of the event before their performance commences, by bank transfer or another method agreed in the Booking Contract. If an artist does not wish to collect payment on the day, the client must pay the balance of the booking fees to the artist or a nominated bank account 2 weeks prior to the event.

Alternatively, the client can pay the balance of the booking fees to the agent 2 weeks prior to the event. Payment to the artist will be released on the first working day after the event.

If a payment due to the artist has not been received in the specified time, the artist may terminate the Booking Contract without penalty. Additionally, the client remains liable for any cancellation fees that lawfully apply under Clause 8.

If the booking deposit has not been received within the allotted time (7 days) this may be treated as a withdrawal of the booking, and the artist may be freed from contractual ties, subject to Clause 8 and Clause 8A.

Failure to pay the artist the remaining balance within the terms agreed in the Booking Contract will result in a late payment administration fee of £25 being charged to the client by the agent. This payment will be added to the outstanding balance and should be paid within 7 days. For every 7 days thereafter, and to a maximum of 14 days, a further £25 shall be added to the outstanding amount.

Where the outstanding balance has not been paid within 14 days, the amount may be sought via legal processes or referred to a debt recovery agency by the artist, which will incur additional fees. The agent is not responsible for the collection of booking fees due to the artist.

Clause 4: Expenses

Where the client has agreed to cover additional expenses (e.g. overnight accommodation) they must be repaid to the artist within 28 days of the event. This is provided receipts and invoices have been forwarded to the client by the artist in reasonable time.

Clause 5: Client Responsibilities

• The client must ensure that the performance venue is able to provide a safe source of power, a safe performance area, and that they can accommodate the performance of the artist by possessing appropriate licenses and no inhibiting noise limiters. If non-performance or a below par performance results due to venue restrictions, the client will still be liable for the total fees. The client should ensure these requirements are investigated prior to the confirmation of any booking and any relevant information disclosed to the agent.
• Furthermore, it is also the responsibility of the client to ensure that the artist is provided with free parking facilities at the performance venue for all vehicles associated with their act. Should no free parking be available the client is liable for any parking charges incurred, unless the artist has allowed for parking expenses to be included in their booking fee.
• It is also the client’s duty to ensure that the artist is provided with adequate refreshments throughout their stay at the performance venue. The minimum that must be made available is a free unlimited supply of mineral water and soft drinks and a hot meal or buffet for all members of the act and their party. Whilst the hot meal or buffet is negotiable for events of 3 hours duration or less, mineral water and soft drinks should always be provided.
• The client must also ensure that there is an adequate area for the artist to change in and store equipment and / or instrument cases. The area should preferably be lockable and include chairs for the entire party and a safe source of power.
• Unless given express permission, artist equipment and instruments are not available for use by any other person.
• If an artist is subjected to aggressive or abusive behaviour and the client does not remove the perpetrator the artist shall be allowed to terminate their performance without penalty. The client will still be liable for the total fees.
• The required elements within Clause 5: Client Responsibilities must be provided by the client at their own expense and if not supplied may be considered a breach of contract. Provisions outlined in Clause 5: Client Responsibilities are negotiable between the client and artist via the agent, but any modifications should be written into the Booking Contract specifically.

Clause 6: Artist Responsibilities

• The artist will perform for the client to their highest standard and in the manner in which they have represented themselves to the agent via promotional material.
• Unless specifically outlined in the Booking Contract, the artist should provide the relevant equipment in order to carry out the performance. The artist is responsible for the good working order and safety of their own equipment. This should be reflected by acts using electrical equipment having it PAT tested annually. In addition, the artist should undertake Public Liability Insurance (to a minimum of £1,000,000 cover). The artist is fully responsible for these matters.
• The fee outlined in the Booking Contract and provided to the agent by the artist is fully inclusive and not subject to change. In addition, the artist is not employed by the agent and is therefore responsible for their own accounting and legal contributions.
• The artist shall not drink alcohol excessively before, during or after their performance. In addition, the artist will not use illegal drugs on the day of the event or at the venue itself in any capacity. The artist should be aptly attired for their performance in line with agreements made with the client prior to the event, and they should remain courteous with the client, guests and employees of the venue. The artist will not act in any manner that is deemed damaging to the reputation of themselves, the agent, or the client.
• The artist must contact the client directly before the event in accordance with the time-frame detailed in the Booking Contract. This contact should be used to re-confirm the details in the Booking Contract and finalise details such as parking, dress code, refreshments, payment and invoice matters.
• It is the responsibility of the artist to ensure that upon signing the Booking Contract they are under no obligation to another party in a manner that may interfere with this booking.

Clause 7: Complaints

In the event of a dispute or complaint from either party, the issue must be put in writing and forwarded to the agent within 28 days. The agent will then mediate with the intention of reaching a satisfactory outcome. If the matter cannot be resolved, or an agreement reached, then the client and artist should seek legal advice. The agent is not responsible for the client or artist and their failures but will attempt to settle all disputes swiftly and satisfactorily.

Complaints arising from arrangements made between the client and the artist but without consultation of the agent should be settled between the client and the artist exclusively.

Clause 8: Cancellations

8.1 Notice of cancellation

Both parties agree that in the event of a cancellation the agent must be informed immediately, in writing or electronically where possible (and, for consumers using the 14-day right, using the method in Clause 8A).

8.2 Cancellation by the artist

Where an artist cancels, the agent will inform the client and begin the process of sourcing a suitable alternative. This work is undertaken at no additional cost to the client. Whilst rare, on occasion an alternate act may not be available. In this instance the agent will refund the booking deposit payment made by the client in full. Where time allows and the client has agreed on an alternate act, the Booking Contract shall be re-issued to reflect this. Where time does not allow (for example, on the day of the event itself) and the client is not prepared to accept the substitute artist they must not allow performance, or the full booking fee must be paid to the artist.

If the artist has cancelled for reasons not covered in Clause 11 (Force Majeure), the client may pursue legal action. In this instance, the artist must also pay the agent the equivalent of the client’s booking deposit within 7 days as an administrative fee. Additionally, the artist must also reimburse the client for cost differences between the fee for their performance and any substitute artist arranged by the agent.

8.3 Cancellation by the client, after any applicable cooling-off period

Where the client is a consumer and cancels under Clause 8A, Clause 8A applies instead of the fees below.

Where the client cancels after the end of any applicable 14-day cancellation period (or where Clause 8A does not apply, including most business bookings), and the cancellation is not for a reason in Clause 11 (Force Majeure), cancellation fees shall apply as follows:

• If the client cancels with at least 12 months’ notice of the event date, no cancellation fees will be due to the artist, as this is adequate time to secure an alternate booking.
• Where cancellation is made 90 days or more from the event (but less than 12 months), 50% of the total remaining booking fee is due to the artist.
• Where cancellation occurs within 90 days and up to 61 days of the event, 75% of the total remaining booking fee will be due to the artist.
• Where cancellation occurs within 60 days of the event, 100% of the total remaining booking fee will be due.

All client cancellation fees that apply must be paid directly to the artist or agent within 14 days. Where cancellation fees are not paid within 14 days the artist may take legal action or refer the amount to a debt recovery company, which will incur additional costs. The agent is not responsible for the collection of the artist fee.

8.4 The booking deposit

The booking deposit is refunded if:

• the client is a consumer and cancels under Clause 8A, except that we may deduct a reasonable amount for any services actually provided at the client’s express request during the cancellation period; or
• the artist or the agent cancels and no suitable replacement artist is agreed with the client.

The booking deposit may be retained (and cancellation fees under 8.3 may also apply) if the client cancels after the end of any applicable cancellation period under Clause 8A, or where Clause 8A does not apply.

If the booking is cancelled by mutual written agreement, or because of Force Majeure under Clause 11, our usual approach will be to refund the deposit or, if the client prefers and it is possible, to transfer it to a rearranged date.

Clause 8A: Consumer cancellation right (distance and off-premises bookings)

This Clause 8A applies if you are a consumer and you booked at a distance (for example by email, phone or through our website) or off-premises.

You have 14 days from the day after the Booking Contract is concluded to cancel without giving a reason, unless one of the exceptions below applies.

To cancel, please tell us by email, telephone or post, or use the model cancellation form at the end of these terms. You may also make any other clear statement of your decision to cancel. The cancellation period is met if you send your cancellation before the 14 days expire.

If you cancel under this clause, we will refund the deposit and any other payment received from you without undue delay, and in any event within 14 days of being informed of the cancellation, using the same payment method unless we agree otherwise, subject to the paragraph below.

Starting services within the 14 days. If the event date (or other work needed to fulfil the booking) falls within the 14-day cancellation period, or you otherwise want us or the artist to start work during that period, you must make an express request for us to do so. If you then cancel during the 14 days, you will pay us a reasonable amount for the services actually provided up to the point you cancel, in proportion to the full Booking Contract. If, at your express request, the service has been fully performed during the cancellation period, the right to cancel is lost.

This right does not apply to business bookings, or to the extent the law provides an exception.

Model cancellation information and a model cancellation form are set out in the Schedule at the end of these terms.

Clause 9: Performance Schedule Changes

• Where it is not possible to amend the contract prior to the event (e.g. on the day itself), any changes should be mutually agreed between the artist and the client.
• If an artist has been asked and agrees to perform later than the agreed finish time specified in the Booking Contract a satisfactory additional surcharge should be agreed between both parties. The extra payment agreed should be paid to the artist on the day of the event.
• If the timings of the event are overrunning due to no fault of the artist, the artist is under no obligation to finish later than the time specified in the Booking Contract and is still due full payment. If an artist has been asked and agrees to perform for longer than the time outlined in the Booking Contract (e.g. extend a 45-minute performance to 60 minutes), a satisfactory additional surcharge should be agreed between both parties. The extra payment agreed should be paid to the artist on the day of the event. However, the artist is under no obligation to extend their performance should they not wish to.

Clause 10: Use of Alternative or (‘Deputy’ or ‘Dep’) Performers

Wherever possible the artist should use the line-up as represented to the agent and client, unless a performer has to be substituted because of unforeseen circumstances (for example illness). The artist will have deputy (‘Dep’) performers on call to cover all eventualities, and reserves the right to use one or more of them if needed. Any Dep performer used will have equivalent ability and will represent the artist in the customary manner in which the artist has portrayed themselves to the agent and client. In other words, it will be a like-for-like replacement.

If a suitable like-for-like Dep performer is available, the artist will use them rather than cancel the booking. The use of a like-for-like Dep performer is not grounds for the client to cancel the booking, and it does not entitle the client to a reduction in the fee, unless the performer being replaced is of significant celebrity.

On occasion, band line-ups may be subject to change and this may occur without notice unless the band is of significant celebrity.

Clause 11: Force Majeure

In this agreement, ‘Force Majeure’ shall mean any cause preventing either party from performing any or all of its obligation which arises from or is attributable to strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction [coming into force after the date of this Agreement], accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors and, where they are beyond the reasonable control of the party so prevented, any other acts, events, omissions or accidents.

Any party asserting Force Majeure so as to negate liability shall have the burden of proving it and justifying that they took preventative action wherever possible to counteract the circumstance. If successfully proven then the cancellation fees outlined in Clause 8: Cancellations shall be unenforceable. Deposit treatment in that situation is set out in Clause 8.4.

Clause 12: Miscellaneous Provisions

For a period of 18 months from the date of the event the client must negotiate any additional bookings of the artist with the agent.

The artist agrees to refer all potential bookings, enquiries or clients from an MBM Music event to the agent. Where this does not occur, and the artist attempts to exclude the agent, they shall be removed from the agent’s roster and remain liable for commission against any successful future bookings.

Clause 13: Photography and filming

The artist or MBM Music may take photographs or short film clips at the event for their portfolios or for MBM Music’s legitimate promotional use (for example the website or social media), unless the client tells us otherwise.

Please tell us in writing, ideally before the event, if you do not want photographs or film to be taken, or if you want us to avoid particular guests. We will take reasonable steps to follow that request.

We will not publish photographs or film that clearly show children’s faces, and we will not name schools or other education settings, without specific written consent from the appropriate adult.

The client is responsible for telling their venue and, where appropriate, their guests if photography or filming is expected.

This clause does not require the client to allow photography where the venue or a legal restriction prohibits it.

Clause 14: Data protection and privacy

MBM Music is the data controller for personal information you give us when you enquire or book (for example your name, contact details, event date and venue). We use this information to deal with your enquiry, perform the Booking Contract, contact you about the booking, and meet our legal obligations, in line with UK GDPR and the Data Protection Act 2018.

We share relevant details with the booked artist and, where needed, with suppliers involved in fulfilling the booking. We do not sell your personal information.

Our Privacy Policy explains in more detail what we collect, why we use it, how long we keep it, and your rights (including access, correction, deletion and complaint to the Information Commissioner’s Office). A Privacy Policy will be published on our website and is available on request. If there is any conflict between this clause and the Privacy Policy, the Privacy Policy will take precedence on data protection matters.

Schedule: Model cancellation information (consumers)

Right to cancel

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day after the Booking Contract is concluded.

To exercise the right to cancel, you must inform us, MBM Music, of your decision to cancel this contract by a clear statement (for example a letter sent by post, a telephone call or an email). You can use the model cancellation form below, but it is not obligatory.

You may contact us by telephone on 020 8090 3459, by email at enquiries@mbmmusic.co.uk, or in writing using any postal address we publish on www.mbmmusic.co.uk or in the Booking Contract.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the booking deposit, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract. If the service has been fully performed at your express request during the cancellation period, the right to cancel is lost.

Model cancellation form

Complete and return this form only if you wish to cancel the contract.

These Terms & Conditions were amended on 10th November 2026.