"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.
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 (as designated officially); (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 a booking is requested of the Act for an Engagement via the Site, the Act will be required to 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.
If the Event is more than two months away when the Act quotes the Fee, the Fee will be valid for 10 days. If the Act receives another enquiry within the 10-day period, they are no longer obliged to honour the Fee.
If the Event is within two months of when the Act quotes the Fee, the Fee will be valid for three days or the length of time prior to the start of the Event, whichever is soonest. If the Act receives another enquiry within the three-day period, they are no longer obliged to honour the Fee.
The Act can extend the validity of the Fee at any point prior to the Event.
We will collect (i) a percentage of the Fee at the time of booking confirmation (i.e. when the booking request is confirmed by the Act), and (ii) the remaining amount 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.
Where requested by the Act and agreed to by the Event Planner, the Event Planner shall be responsible for providing any instruments or sound and/or lighting equipment. If the Act requires specific instruments or sound and/or lighting equipment to be provided by the Event Planner, it is the Act's responsibility to ensure the Event Planner is aware of this.
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) 25% or more of the Fee at the time of booking confirmation (i.e. when the booking request is confirmed by the Act), and (ii) the remaining amount 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.
The initial payment referred to above in (i) is non-refundable.
Occasionally, you as an Event Planner may be requested to pay more than 25% initially, e.g. where the Event is outside the Act's home country and the Act's quote includes travel and accommodation expenses. In such cases, the Act may request a higher deposit (e.g. up to 50%) so they can purchase flight tickets and book accommodation etc.
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.
Performance Schedule Changes
Where it is not possible to amend the agreed timings prior to the Engagement (e.g. on the day itself), changes should be agreed between the Act and Event Planner in writing (email to suffice).
If an Act has been asked and agrees to perform later than the agreed finish time a satisfactory additional surcharge should be agreed between both parties. The extra payment agreed should be paid to the Act on the day of the Engagement.
If the timings of the Engagement are overrunning due to no fault of the Act, the Act is under no obligation to finish later than the time originally agreed and the Event Planner is still obliged to pay the full Fee.
If an Act has been asked and agrees to perform for longer than the time originally agreed (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 Act on the day of the Engagement. However, the Act is under no obligation to extend their performance should they not wish to do so.
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 not be entitled to a refund. The initial payment (deposit) is non-refundable.
If, as an Event Planner, you wish to cancel a confirmed booking after the date occurring 45 days before the Engagement, you will not be entitled to any refund (subject to the below). Where either party cancels a booking because of a Force Majeure Event, they must: (i) give immediate written notice to us of the Force Majeure Event; and (ii) use all reasonable endeavours to mitigate the effect of the Force Majeure Event; and (iii), provided they have complied with (i) and (ii) above, the Event Planner will be entitled to be refunded 50% of the total fee at the discretion of FixTheMusic (only to the extent the Event Planner has paid the fee in full).
If material details of any confirmed booking are altered (e.g. date, location or timings of the Engagement), the Act will not be obliged to perform at the Engagement and you (as Event Planner) will remain liable to pay the Fee. The original booking will be considered cancelled in such cases.
If a booking needs to be cancelled, the Event Planner must immediately inform FixTheMusic by emailing firstname.lastname@example.org. Informing an Act of a cancellation is not a valid form of cancellation by the Event Planner. All communication regarding cancellations must be directed through FixTheMusic.
If an Act cancels a confirmed booking or fails to honour any confirmed booking made via the Site (for any reason other than a Force Majeure Event), (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.
Notwithstanding the above, where an Act is subject to a Force Majeure Event or where the Event Planner cancels a confirmed booking (for any reason, including Force Majeure Event), the Act shall be entitled to be reimbursed by the Event Planner for its proven travel and/or accommodation costs where the transport or accommodation service provider has not reimbursed the Act, provided the Act has used best endeavours to recoup the cost from the relevant service provider.
We recommend that Event Planners and Acts obtain appropriate insurance for their Engagements, especially for international weddings and events.
FixTheMusic and the Act are not responsible for the conduct or performance of any third party or other supplier.
Some Acts may request to be paid part of the Fee by the Event Planner in cash on the day of the Engagement. Where this is agreed between both the Act and Event Planner, the Event Planner must pay the agreed amount to the Act prior to the Act's performance on the day of the Engagement.
Notwithstanding the above, if, as an Event Planner, you wish to cancel a confirmed booking after the date occurring 45 days before the Engagement, and you have agreed to pay the final part of the Fee to the Act in cash on the day of the Engagement, you are obliged to pay the agreed amount to the Act in full. In such circumstances, the Event Planner must pay the final part of the Fee to the Act within 7 working days of the Event Planner giving notice of the cancellation.
Where an Act requests to be paid the Fee by the Event Planner in cash on the day of the Engagement, FixTheMusic cannot guarantee this payment and is not liable if the Event Planner does not pay.
Event Planner Responsibilities
The Event Planner 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 Act by possessing appropriate music and entertainment licenses and no inhibiting noise limiters. For the avoidance of doubt, if non-performance or a below-par performance by the Act is due to venue restrictions, the Event Planner will still be liable for the total Fee.
The Event Planner should ensure these requirements are investigated prior to the confirmation of any booking and any relevant information disclosed to the Act.
It is also the responsibility of the Event Planner to ensure that the Act is provided with free parking facilities at the performance venue for all vehicles associated with the Act's performance. Should no free parking be available the Event Planner is liable for any parking charges incurred and payment will be made to the Act on the day of the Engagement.
It is the Event Planner's duty to ensure that the Act is provided with adequate refreshments throughout their stay at the performance venue. The minimum requirement that must be made available to the Act is a free supply of mineral water and soft drinks and a hot meal or buffet for all members of the Act and their party.
The Event Planner must also ensure that there is a safe, secure area for the Act to change in and store equipment and / or instrument cases. The area should be lockable and include chairs for the entire party and a safe source of power.
Any damage to the Act's equipment or instruments during the Engagement caused as a result of the Event Planner's guests or the venue shall entitle the Act to terminate their performance immediately without penalty. The Event Planner will still be liable for the total Fee. The cost to repair any such damage shall be payable by the Event Planner.
Unless given express permission, the Act's equipment and instruments are not available for use by any other persons before, during or after the Engagement.
If an Act is subjected to aggressive or abusive behaviour and the Event Planner does not remove the perpetrator the Act shall be allowed to terminate their performance immediately without penalty. The Event Planner will still be liable for the total Fee.
The required elements within this clause must be provided by the Event Planner at their own expense and if not supplied may be considered a breach of contract. Provisions outlined in this clause are negotiable between the Event Planner and Act, but any modifications should be made in writing.
The Act is entitled to refuse to perform if performance conditions are lower than agreed with the Event Planner, or if the conditions are objectively unacceptable for a live musical performance. In the case where conditions are confirmed in advance and not adhered to by the Event Planner, the Act is entitled to their full fee, provided they show evidence of unacceptable conditions.
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 (e.g. illness). 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 or any refund, unless the Act being replaced is of significant celebrity.
Re-engagement of the Act
By booking an Act through FixTheMusic, Event Planners and Acts must not to take bookings originating on FixTheMusic outside the platform or use the service to generate further bookings outside the platform.
If an Event Planner wishes to offer an Act further work as a result of a FixTheMusic booking, the Event Planner and Act should contact FixTheMusic with the details.
The Act agrees to negotiate all future bookings of the Act with FixTheMusic and not with the Event Planner directly, for the period covering the date the booking is confirmed until 18 months after the date of the Engagement.
The Act agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of FixTheMusic to the Event Planner, their guests, staff, the venue, wedding or event planner, or contractors.
If the Act is approached by the Event Planner or a guest, or employee of the Event Planner, the venue or an employee of the venue, wedding or event planner, and/or agent then the Act shall notify FixTheMusic immediately and account to FixTheMusic an amount equivalent to the fee would have been payable had the booking been made on FixTheMusic.
Any local licenses and associated costs required for the performance of live music are the responsibility of the Event Planner (and not the Act or FixTheMusic), e.g. the SIAE Licence in Italy.
Any costs or fees that the Act incurs as a result of Brexit or any Brexit-related event must be paid by the Event Planner (e.g. the cost to obtain any visas or licenses required as a result of Brexit).
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 particular, the Act is not employed by FixTheMusic and is therefore responsible for their own accounting, tax and legal contributions.
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.
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 fulfilment 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
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.
Terrorism is a worldwide threat. Terrorist groups abroad have been known to attack foreigners and places where tourists may gather, such as hotels, transport systems, night-life areas and landmarks.
For Engagements abroad, we recommend checking the advice from the Foreign and Commonwealth Office on travelling to specific countries.
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.
These Terms, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms or their formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with English law.
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.
We condemn modern slavery and do not tolerate it in any of its forms. Please have a read of our Modern Slavery Act Statement.
Corporate Social Responsibility Policy
Our Corporate Social Responsibility (CSR) company policy refers to our responsibility toward our environment. Please have a read of our Corporate Social Responsibility Policy.
Anti Bribery & Corruption Policy
FixTheMusic is committed to conducting its business ethically and in compliance with all applicable laws and regulations. Please have a read of our Anti Bribery & Corruption Policy.
Information about us
www.fixthemusic.com is a website operated by FTM Technologies Limited. Registered office address: 20 Gedling Court, Jamaica Road, London, United Kingdom, SE1 2RN. Company number 11913892.
To contact us, please email email@example.com or call us on 020 7193 0615.