BOOKING TERMS AND CONDITIONS
Throughout these Terms and Conditions, ‘Emerson Hill’ relates to any Employee, Director or Sub Contractor working on behalf of E & M Productions at the event. These terms and conditions apply to every booking taken by Emerson Hill for an entertainment booking and agreed to by the person who makes the booking and pays the booking deposit. This person will be referred to as ‘Client’ throughout these terms and conditions.
Emerson Hill requires private clients to pay a deposit when booking entertainment for weddings, corporate events or private functions. This deposit of the agreed total package price and acts as a booking fee which provides access to all the pre-event services such as support, guidance and the online booking area. This deposit is non refundable (Emerson Hill will only refund a deposit payment when the engagement has been cancelled by himself, in this case, the full deposit will be refunded immediately). Deposits must be received before Emerson can officially secure any date.
Unless previously agreed with both Emerson Hill and Client, the final balance fee for any booking must be received by Emerson Hill 7 days before start date / time indicated on the booking confirmation by any payment method specified in the confirmation. The Client is welcome to pay any outstanding balance in instalments of any amount within 6 months of the event date. Upon sending a payment outside of the booking area, please notify Emerson Hill via email or telephone and he will update the booking confirmation to reflect the the new account balance. Payments made online via the ‘my booking’ area will automatically update your booking confirmation.
In the unlikely event of Emerson Hill cancelling the agreement due to a Force Majeure Event as specified in these terms and conditions, he will endeavor to offer you an alternative entertainer of style and cost for you to approve. In the event that you do not approve of the replacement or no replacement is available, Emerson will offer you a full refund. In the case of the gold packages and above, where Emerson works with additional DJ, Singers / Musicians, Emerson Hill reserves the right to use replacement individuals should existing members suffer illness or injury on the day, or days leading up to the function.
These terms and conditions are designed to offer protection to both the entertainer and the Client. As the Client you can request to cancel the booking, however the following charges will apply:
Cancellation by the client
0-7 Days from engagement – 100% of the agreed fee.
8-14 Days from engagement – 80% of the agreed fee.
15-90 Days from engagement – 50% of the agreed fee.
90+ Days (Deposit Fee Only)
The above cancellation fees are an important part of the terms and conditions agreement and are accepted by the client on payment of a booking deposit. All cancellation fees must be paid within 10 days of cancelling the booking.
Force Majeure Event
A “Force Majeure Event” occurs where a party is unable to comply with its obligations under this Contract for a reason outside of its control (such 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) and which is not attributable to any act or failure to take preventive action by the Emerson Hill or Client.
The performance times are specified in the booking confirmation. Please note that contracted start times are based on Emerson Hill having access to the performance area 1 hour before the contracted start time. Please note that Emerson Hill is not responsible for time overuns caused by any 3rd party such as venue, caterer or Client.
Unless explicitly stated in the booking confirmation and prior conversation leading upto the booking, no expenses are payable by the Client. If expenses are applicable to the booking, these expenses will be clearly marked out in the confirmation and must be paid before the start date / time indicated on the booking.
Use of Substitute Performers and Stand Ins
In the event of any band / duo bookings made through Emerson Hill they will always feature the individual,Emerson Hill as a band member. Wherever possible any duo or band performance will use the line-up as represented to the Client, unless the need arises to substitute a performer due to a Force Majure Event. Emerson Hill will have ‘Dep’ performers ‘on-call’ to cover all eventualities and reserves the right to use one or more of these should the need arise. Emerson Hill agrees that any substitute performers utilised will have equivalent ability and that the band / duo will still be able to perform in the style and manner portrayed to the client.
On occasion, band line-ups may be subject to change and this may occur without notice unless the member is of significant celebrity.
At the event
Emerson Hill reserve’s the right to use any photography or video taken during the event. Media footage may be used for promotional purposes on our website or social media channels. If you do not wish for footage to be recorded or used in this manner the Client must notify Emerson Hill in writing prior to the event.
Threatening behaviour will not be tolerated. The Client agrees that if any member of Emerson Hill is threatened, abused verbally or physically by anyone present at the event then Emerson Hill will be entitled to terminate services being provided, without penalty or refund.
The Client is fully responsible for any damage to our equipment caused by any person at the event.
The Client agrees that Emerson Hill must adhere to any guidance or requests made by the supervisor at the venue at which the event takes place such as noise level monitoring, performance time alterations of any other issue that may arise at the event. Emerson Hill cannot be held responsible for any impact these requests may have on the provided service. In the event of an earlier termination time of our services due to the venue’s direct instructions, no refunds will be given.
The Client agrees that Emerson Hill cannot be held responsible in anyway for any disruption caused by the triggering of any Noise Limiting Devices or power outages caused by such devices at your event which also includes any disruption or quality of performance where we are forced to use any sound system which we have not provided. It is the responsibility of the Client to notify Emerson Hill of any noise restrictions in place that will affect the booking.