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Standard Terms and Conditions
inclusive to any agreement between
Client and Have Music Will Travel
The following terms and
conditions are applicable to all engagement agreements between Clients
and Bruce W. and B. Ann Chenoweth doing business as Have Music Will
Travel.
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These terms and
conditions are binding upon all Have Music Will Travel engagement
agreements, whether formally entered into in writing, or merely
implied by Client's offer and Have Music Will Travel's acceptance of
retainer.
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The "product" offered by
Have Music Will Travel is
a specific block of time which is filled with the specified activity. Once a
block of time is committed to a client it is taken off the market.
Because of this, deposits and retainers will not be
refunded upon cancellation of a booking until and unless the date
becomes re-booked for another client.
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Have Music Will Travel reserves the
right to decline show engagements for any reason, or, for no reason
whatsoever, prior to acceptance of the retainer. Once the retainer has
been accepted, however, said right to decline has been waived and
the booking becomes firm.
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The agreement of Have
Music Will Travel of performance is subject to detention by
sickness, accident, act of God or conditions beyond Have Music Will
Travel's control. If such an event prevents Have Music Will Travel
from performing, the retainer will immediately be refunded to the
Client and Have Music Will Travel will have no further liability or
responsibility under this contract.
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Client and Have Music
Will Travel further agree that, except as provided in the paragraphs
above, this contract is not subject to cancellation unless both
parties hereto have agreed to such cancellation in writing and such
written cancellation is delivered to Have Music Will Travel at least
twenty-four (24) hours prior to the hour the performance is to
begin.
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A setup environment must be provided
by the client which protects Have Music Will Travel's equipment and staff from adverse weather conditions,
direct sunlight, dust, water, smoke, toxic fumes, and any other
condition which may cause short or long term harm to equipment or
personnel.
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The Client shall be
responsible for supervising behavior of people attending the
performance. If guests’ behavior becomes intolerable, and after
calling this to the attention of the Client or Client's attending
representative and said condition is not corrected, Have Music Will
Travel has the right to end the performance without refund.
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Costs of
repair/replacement of equipment as a result of audience action,
theft, adverse environmental conditions or fire in venue is the
responsibility of the Client.
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Client must provide
open, unencumbered access to the venue a minimum of two hours prior
to the commencement time of the performance, or such other amount of
planned setup time anticipated to satisfy the difficulty of the
setup. If said access is not provided on time, commencement of the
performance may be delayed by the duration of the tardiness or other
impairment without affecting the scheduled end time.
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Undisclosed obstacles to
setup and teardown such as stairs, vendor pileups, locked doors,
blocking vehicles, etc. will result in additional charges, either
per schedule or at the current hourly rate.
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For the true and
faithful performance of all the covenants and agreements herein
mentioned, the Client and Have Music Will Travel bind themselves
each unto the other in the penal sum of the amount set forth in the
Contract as liquidated damages to be paid by the failing party.
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Any written contractual
instrument shall contain the entire agreement between the parties
and no oral statements, promises or inducements made by any party
hereto or agent or representative of either party hereto, which is
not contained in said written contract, shall be valid or binding
and said contract shall not be enlarged, modified, or altered except
in writing, signed by the parties and endorsed therein.
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The person executing the
contract on behalf of each party represents and warrants that he or
she is of legal age and has the authority to enter into the
agreement. Should he or she not have such authority, he or she
personally accepts and assumes full responsibility and liability for
payment to Have Music Will Travel under the terms of the contract.
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Client and Have Music
Will Travel agree that receipt of a signed contract and/or retainer,
and commencement of performance shall be confirmation of all terms
of the contract and shall be binding on all parties.
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"These terms
and conditions are binding upon all Have Music Will Travel engagement
agreements, whether formally entered into in writing, or merely implied
by Client's offer and Have Music Will Travel's acceptance of a
retainer."
For a "black
on white" more easily readable version of these terms and agreements,
click HERE. |
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