earcandy is a sub-brand and trading name of Habit Productions Ltd.

When you agree, either verbally or in writing, to make the booking, you agree to these terms & conditions. Please read the terms and conditions carefully as they form part of any agreement.

Key Terms and Conditions
1. The 1st payment will become due to us when you confirm the Booking, whether verbally or in writing.
2. The 1st payment is non-refundable except in circumstances covered by Clause 7.
3. The 1st payment is required within 14 days of the Booking.
4 You will be liable to a cancellation fee of 100% of the Act Fee (less reasonable expenses that would otherwise have been included in the Act Fee but have not actually been incurred) if you cancel the Booking within14 days of the Engagement.

Booking Terms and Conditions Definitions
“the Contract” – the Booking, the booking confirmation email that we send to you and these terms and conditions.
“us/we” – earcandy acting for and on behalf of Habit Productions Ltd.
“you” – the person named in the booking confirmation email as we reasonably believe to have purported to have made the Booking.
“the Booking” – the agreement made by you, either verbally or in writing, to proceed with the Engagement.
“the Act Fee” – the cost of the Engagement to you, which does not include the 1st payment but does include all other reasonable expenses which may be set out in the booking confirmation email.
“the Artiste” – the acts(s) named in the booking confirmation email.
“the Venue” – the performance venue named in the booking confirmation email.
“the Engagement” – the performance engagement detailed in the booking confirmation email.

1. Authorisation
1.1 The booking confirmation email that we send to you is deemed to represent written confirmation as we reasonably interpret of either a prior agreement, wither verbally or in writing, between us and you and no signatures are required to bring these terms & conditions it into force.
1.2 None of our agents have the power to vary these terms and conditions.
1.3 If any term of this Contract is held by any court to be invalid or unenforceable, the remainder of its terms shall still remain in force.
1.4 Where appropriate, words importing the masculine shall also include the feminine and the singular number shall also include the plural and vice versa.

2. Cancellation
2.1 If you have not paid, or have made no attempt to pay the 1st payment within 14 days of the Booking, we reserve the right to pass the matter onto a third party debt collection agency, and you will be liable to pay an additional 15% (plus VAT) of the 1st payment.
2.2 Additionally, you will be liable to pay the following additional fees:
If you cancel the Booking up to 60 days before the Engagement – 50% of the balance will be due
If you cancel up to 30 days before the Engagement – 75% of the balance will be due
If you cancel up to 14 days before the Engagement – 100% of the balance will be due.

3. Terms of Engagement
3.1 The Contract is subject to you providing a hot meal and unlimited soft drinks including water for all personnel attending.

4. Payment of Booking and Artiste Fees
4.1 The 1st payment specified in the booking confirmation email is due within 14 days of the issue of this Contract.
4.2 The 1st payment does not form part of the Act Fee.
4.3 If we do not receive the 1st payment by the due date, we will be entitled to terminate the Contract without penalty. Additionally, you will remain liable for cancellation fees as set out in this agreement.
4.4 Unless otherwise specified in the booking confirmation email, the Act Fee should be paid to us no later than 14 days prior to the date of the Engagement unless it is agreed that the Act Fee can be paid on the day of the Engagement. The Act Fee may be paid by cash to a designated member of the band. This must be paid before the band’s first performance.
4.5 In absence of our agreement for the Act Fee to be paid on the day of the Engagement and in the event you fail to pay the Act Fee by the date which falls 14 days prior to the day of the Engagement, we reserve the right to terminate the Contract without penalty and you shall be liable for cancellation fees as outlined in Clause 9 below.
4.6 Unless we tell you otherwise on the booking confirmation email, both the 1st payment and the Act Fee will be subject to VAT at the current rate.

5. Your Responsibilities
5.1 Unless otherwise agreed in writing, you shall be responsible for all matters in connection with the Venue in which case the following Clauses 5.2 – 5.6 will apply.
5.2 You must ensure that the Venue is able to provide a safe and appropriate working environment for the Artiste. A suitable performance area must be provided and you should notify us prior to the Booking of any potential Health and Safety issue.
5.3 Unless otherwise agreed, you must provide an electrical supply meeting or exceeding British Standards within five meters of the performance area, where electrical equipment is to be used as part of a performance.
5.4 The Venue must be capable of accommodating the Artiste’s performance in all respects, including possessing appropriate licenses. If non-performance results due to the Venue’s restrictions, you will be liable for cancellation fees as detailed below.
5.5 You must ensure a suitable dressing room facilities are available. This shall not be toilets.
5.6 You must also ensure the venue is appropriate for the setting up and loading of equipment. Parking must available within 50 metres of the performance area for unloading purposes. If personnel are required to climb more than 10 steps whilst unloading you must ensure there is a lift available or we reserves the right to charge you reasonable additional fees towards extra personnel required.
5.7 Free parking must also be available for the duration of the event otherwise you will be liable for any parking charges.
5.8 You are responsible for providing adequate supervision and/or security at all times. In the event of unruly or threatening behaviour from any person, the Artiste is entitled to cease the performance but you will still be liable for the Act Fee in full.

6. Our Responsibilities
6.1 We are responsible for ensuring the Artiste perform the Engagement to a good standard and in a professional manner as the Music Industry would consider appropriate for the Act Fee being charged.
6.3 The Artiste will hold valid Public Liability Insurance.
6.4 We cannot guarantee the presence of any specific musician at the Engagement. The line up is subject to change without notice unless of significant celebrity.
6.5 We will ensure that any performer utilised is suitable. No reduction in the Act Fee for the use of a substitute performer is applicable and does not constitute grounds for cancellation of the Contract.

7. Failure to Perform
7.1 If the Artiste are unable to perform at the Engagement for any reason and we fail to provide a reasonable alternative, you shall not be obliged to pay the Act Fee and we will refund the 1st payment except in the case that Force Majeure applies. Force Majeure includes Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity services or any other matter .

8. Complaints
8.1 In the event you have any complaint against us or the Artiste and as a condition precedent to any compensation claim, the issue must be put in writing and forwarded to us within 48hours of the Engagement taking place.

9. Cancellation
9.1 Unless otherwise agreed in writing, cancellation by either party is not permitted except as expressly stated in this agreement.
9.2 The 1st payment is non-refundable in all circumstances where you cancel the Engagement or the Contract is cancelled due to your default or as set out in the Contract.
9.3 Provided that you pay us the Act Fee in full, subject to the Artiste duly rendering services or being ready, willing and able to do so, you may, without giving any reason, prohibit the whole or part of the Artiste’s performance or exclude the Artiste from any or all performances, as you see fit.