Terms & conditions

Please note that any booking whether confirmed VERBALLY, ELECTRONICALLY OR IN WRITING will be subject to a legally binding contract carrying the following non-negotiable terms and conditions.

To aid better understanding we've worded them in plain English, and included explanations of clauses where necessary. Please call us if anything needs further clarification.

1. Definitions
Booking contracts are negotiated by Function Central (the ‘agent’) between the ‘client’ and the ‘act’. In this respect, Function Central acts as an employment agency in issuing contracts and cannot be held responsible for non fulfilment of bookings or non-payment of fees.

2. Confirming the booking
i) 'Confirmation' will mean any verbal, electronic or written acceptance of this booking by BOTH the 'client' and the 'act'.
ii) All bookings take effect immediately upon 'confirmation'.
ii) Non-signature/non-return of contract and/or non-payment of the deposit is not sufficient to cancel the booking or acceptance of these terms.
iv) A booking fee, paid as a 'deposit' to secure the act, is payable to Function Central for their services, upon confirmation.

Upon 'confirmation' of the booking, Function Central will issue duplicate copies of the booking contract to both the 'client' and the 'act', which must be signed and returned within 48 hours of receipt.

Function Central will store the signed contract(s) for safe keeping (copies available on request) and will act as the ‘agent’ negotiator between both parties for the period up to and including the date of the event, and for eighteen months after the event.

3. Changes to contract
The act's fee may be subject to change (in agreement with both the 'client' and the 'act') if any details on the contract are altered. All changes to the contract must be arranged & agreed by Function Central in advance of the event.

4. Payment of fees
The 'deposit' is Function Central's booking fee, unless agreed otherwise. This is payable on receipt of invoice and strictly within 5 working days. The deposit is usually payable by debit/credit card (online or by telephone) or bank transfer. Full payment details are available on the client's invoice.

The 'balance' is the act's fee for their performance, unless agreed otherwise. The payment method for the 'balance' will be detailed on the booking contract. Typically this will be payable either direct to the ‘act’, or to Function Central, by bank transfer. The 'balance' must be paid at least 14 days before the event date. Where Function Central collects payment of the 'balance' on behalf of the 'act', Function Central will have no liability to the 'act' for late or missed payments.

5. Cancellations

Cancellation by the ‘client’:
Cancellation by the 'client' is not allowed for any reason except circumstances covered by 'force majeure' (see clause 13.) In the event that the ‘client’ cancels the booking, the ‘client’ agrees to inform Function Central immediately. Function Central agrees to inform the ‘act’ of the cancellation immediately.

i) Cancellation by the 'client' within 48 hours of confirmation ('confirmation' is defined in clause 2 of these terms and conditions), will not carry a cancellation fee unless the event date is within the following 7 days, in which case the full booking fee will be due.
ii) Cancellation by the ‘client’ after 48 hours of confirmation and up to 90 days from the event will result in loss of deposit and 50% of the remaining balance will be payable by the ‘client’ to the ‘act’ within 14 days.
iii) Cancellation by the ‘client’ within 90 days and up to 61 days of the event will result in loss of deposit and 75% of the remaining balance will be payable by the ‘client’ to the ‘act’ within 14 days.
iv) Cancellation by the ‘client’ within 60 days of the event will result in loss of deposit and 100% of the remaining balance will be payable by the ‘client’ to the ‘act’ within 14 days.

'Act' cancellation fees should be sent to Function Central to be forwarded on to the 'act' within 7 days of receipt.

Cancellation by the ‘act’:
Cancellation by the 'act' is not allowed for any reason except circumstances covered by 'force majeure' (see clause 13.)

In the unlikely event that the ‘act’ cancels the booking, the ‘act’ agrees to inform Function Central immediately. Function Central agrees to inform the ‘client’ of the cancellation and make all reasonable attempts to find a suitable replacement act of similar standard and style, at no extra cost to the ‘client’. Should a suitable replacement not be found, Function Central agrees to refund the ‘client’ any and all payments already made in advance to Function Central or the band.

Should the ‘act’ cancel a booking under circumstances not covered by 'force majeure' (see clause 13), the ‘act’ agrees to pay Function Central an administration fee equal to the commission due on the booking (referred to previously as the ‘deposit’) and this must be paid to Function Central within 5 working days. The 'act' also agrees to refund the 'client' any difference between the original booking fee and the fee charged by any replacement act arranged for the ‘client’ by Function Central.

There will be no refund given to the 'client' against the 'deposit' already paid, and no ‘administration charge’ will be made to the band, if a replacement act of similar value can be arranged by Function Central and agreed by the ‘client’. However, should a replacement act charge a much lower fee, the client will be refunded a proportionate amount of their booking deposit and the replacement act will be due their usual fee.

If a replacement act is required last minute and the 'client' is not happy to accept the replacement act, they must not allow the replacement act to perform. If the replacement act is allowed to perform, their full fee will be due.

6. Changes on the day
Where possible, changes to the contract schedule which are unavoidable on the day of the event should first be discussed & agreed with your Function Central agent. Should this not be possible, changes are to be agreed between the ‘client’ and the ‘act’ prior to performance.

Any changes will be subject to these terms and conditions.

If changes negotiated between the ‘client’ and the ‘act’ on the day of the event are agreed to incur additional costs to the ‘client’, the ‘act’ accepts full responsibility for arranging the collection of additional fees and agrees that these fees will be subject to Function Central’s standard rate of commission. The 'act' must disclose to Function Central additional monies collected within 7 days of the event and forward commission due within 7 days.

7. Re-engagement of the ‘act’
The ‘client’ agrees to negotiate all future bookings of the ‘act’ with Function Central and not with the ‘act’ directly, for the period covering the issue date of this contract until 18 months after the event date on this contract.

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 Function Central, to the ‘client’, their guests, staff, venue or contractors. If approached, the ‘act’ must inform the person/s concerned to contact Function Central. Any other action will contravene the terms of this contract, and if you are found to have done this you will cease to be used by Function Central and invoiced for commission against any resulting work accordingly.

8. Expenses
If the ‘client’ has agreed on the front of this contract to cover additional expenses incurred by the ‘act’ (such as taxi’s, food, rehearsal time, accommodation, flights etc) the ‘act’ must provide receipts and an invoice to the ‘client’ within 60 days after the event.

The ‘client’ must reimburse all expenses to the ‘act’ within 28 days of invoice.

9. Standard act requirements:

9.1 Power
It is the responsibility of the ‘client’ to ensure that a safe source of power is provided for the 'act', should the 'act' require power, and that all local authority regulations are adhered to. Further information regarding power requirements specific to each act will be detailed on the act booking contract.

9.2 Venue constraints
It is the responsibility of the ‘client’ to ensure that the performance venue will provide a safe performance area, and to ensure that the venue is happy to accommodate the performance of such live music, including any live music licences. Other considerations, such as noise limitations, restrictive venue access and/or difficult load ins should be mutually agreed between Function Central and the 'client' prior to booking. Any relevant information should be disclosed to Function Central prior to booking confirmation.

9.3 Performance Area
It is the responsibility of the ‘client’ to ensure that a suitable performance area is provided. From the point of view of the performance and the overall look, this should ideally be a raised stage to distinguish the staging area from the dancing/seating area. However, the 'act' can perform without raised staging if necessary. Performance space requirements specific to each act will be detailed on the act booking contract. For outdoor performances, shelter (such as a marquee or gazebo) must always be provided, regardless of weather conditions on the day.

9.4 Refreshments
It is the responsibility of the 'client' to provide any refreshments requested by the 'act' on the act booking contract.

10. Early set-ups/late finishes
For evening events, if the ‘act’ is required to arrive at the venue earlier than their contracted earliest arrival time, due to venue limitations or logistical issues, the 'client' must notify Function Central and extra fees may apply. Similarly, the 'act' must finish their performance by midnight, unless otherwise agreed. Function Central must be notified of any later finish prior to the event as extra fees may apply.

For all other events (morning, afternoon and late evening events scheduled to begin prior to 7.30pm) the act will arrive on-site up to 90 minutes before the scheduled start time. This time will be used to set-up equipment, sound check (if necessary) and change into performance outfits. If the ‘act’ is required to arrive at the venue earlier than 90 minutes prior to the start of their performance, possibly due to venue limitations or logistical issues, this may negotiated with the Function Central and extra fees may apply.

11. Use of ‘dep’ performers
Wherever possible, the ‘act’ will perform using their standard group of performers as advertised to Function Central and the ‘client’, unless it becomes necessary to substitute a performer with a 'dep', due to unavoidable circumstances.

The ‘act’ agrees that any ‘dep’ performers used will be of the same standard and professional competence as the performer who is to be replaced, and that the ‘dep’ will have a good knowledge of the ‘acts’ repertoire, and represent the ‘act’ to the same high standard that is known by Function Central and expected by the 'client'.

If a suitable 'dep' performer is available, and this performer can satisfy the conditions of competence outlined above, the ‘act’ will use the services of the 'dep' performer rather than cancel the booking under the terms of 'Force Majeure' (see clause 13 below.)

A ‘dep’ performer may not be used to replace an ‘act’ whose individual name is used as the star attraction to promote the ‘act’ (eg: ‘The Joe Cole’ show would not be able to ‘dep’ another performer for 'Joe Cole’.)

12. ‘Act’ equipment
It is agreed by the ‘client’ and the ‘act’ that the equipment and instruments of the ‘act’ are not available for use by other performers or persons except by specific permission of the 'act'.

13. Force Majeure
In cases of ‘Force Majeure’ (which shall be known as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God), which are not attributable to any act or failure to take preventive action by the ‘act’ or ‘client’, then the ‘act’ or ‘client’ may cancel this booking without penalty other than loss of booking fee (the 'deposit').

14. Covid-19
If UK government restrictions prevent the fulfilment of the booking, the 'client' may cancel without penalty under force majeure. Function Central will credit 100% of the deposit to the client's account, which the client can then put towards the cost of any new booking for the 'act', at any time prior to 1 January 2024. The deposit is non-refundable in all scenarios.

If the 'act' is unavailable for the new date, the deposit can be transferred to a new act of comparable value, or up to the value of the new deposit (20% of the total value) in the event that the new act is less expensive.

15. Complaints

If you have a complaint about the 'act', please put this in writing to info@functioncentral.co.uk, within 30 days of your event date. Whilst Function Central is not party to booking contract, we will act as an independent mediator between both parties to the contract (the 'act' and the 'client'), for a period of 45 days after receiving the complaint. This service is covered by our booking fee. If both parties are unable to reach a resolution within 45 days, the complaint will be closed and both parties will be directed to the appropriate legal channels.