Music Marmalade Artist Terms
Music Marmalade Artist Terms
Who are we and what do we do?
We are Entium Platforms Ltd (trading as Music Marmalade), a company registered in Scotland under company registration number SC797777. Our registered office is at Unit A7, Somervell Trading Estate, Somervell Street, Cambuslang, Glasgow, G72 7EB. Our VAT registration number is 463117507.
We will refer to ourselves as Music Marmalade, us, or we throughout these Terms. We may refer to you as you or the Artist.
We provide an online booking platform on our Website, allowing individuals (Clients) to make contact with and book Artists to perform at events (Events).
When a Client uses the Website to book an Artist (Booking) they will enter into a Booking Contract (see below) with the Artist directly for their attendance at and performance at the Event.
Music Marmalade will facilitate the payment of Artist fees pursuant to the terms of this Agreement.
Music Marmalade is not involved in the Event at all and has no liability for the Client and their actions.
We encourage Clients to leave reviews of Artists they have booked, and recommend that Clients check the reviews before making a Booking.
These terms and conditions (Terms) set out the terms on which you can register as a music artists (Artist) on our website (Website). By registering on our Website as an Artist, you confirm that you accept these Terms and you become legally bound by them.
For information regarding access to and use of our Website, please see our Website Terms of Use which you agree to be bound by.
Please note that we reserve the right to update, change or replace any part of these Terms in our sole discretion. Current terms will be available here.
Registering with Music Marmalade as an Artist
Artists must register to become listed on the Music Marmalade Website. Music Marmalade will review registrations and reserves the right to decline to list any Artist on its Website in its absolute discretion.
In order to make full use of the Website you must register as an Artist on the Website, and create and maintain a profile (Artist Profile). By doing so, you will also create and have access to an area of the Website where you can view Booking Requests, existing confirmed Bookings and Messages (Artist Account).
We will collect some personal data about you during the registration process (e.g. your name, email address and payment details). For information regarding how we process personal data, please see our Privacy and Cookies Notice here.
- We will ask you to provide the following in order to build your Artist Profile (please note that this list may change over time as we update and improve our service offering):
Artist Name
Artist Lead Name – this will be the individual with which we contract under these Terms.
Home location
Type of Artist
Number of members of Artist band / group
Standard performance start time
Standard performance duration
Standard interval duration
Estimated set-up duration
Locations where the Artist is prepared to perform
Artist biography
Artist setlist
Pricing and VAT Registration Status
Availability
Add-Ons (defined below)
Travel Expenses and Overnight Surcharge
Photographs and Videos
Your Artist Profile will be built based on the information you provide. Please check your Artist Profile carefully before submitting it. Whilst you are able to edit your Artist Profile at any time, you are responsible for ensuring that your Artist Profile is complete and accurate.
Your Artist Profile allows you to describe the musical services that the Artist provides, it also enables you to inform Clients about additional optional services that you are able to provide (e.g. additional musicians, or instruments) and this is called an Add-On. A Client will be able to select one or more Add-On(s) when they view your profile and create their Booking Request.
An Artist can customise the Add-On options available within the Artist Profile, such that descriptions and pricing can be added for each Add-On available.
You will be able to create up to four categories of Add-Ons for a Client to select and Music Marmalade reserves the right to limit how many Add-Ons are offered by Artists.
Travel expenses may be added by you to your Artist Profile and will be calculated based on your Home Location on your Artist Profile and the Event location. You must complete the relevant sections of the Artist Profile to enable us to present the correct travel expenses to a Client when they make enquiries via the Website.
You must tell us about the number of vehicles that you intend to use for each Event so that the Website can accurately calculate the travel expenses that need to be added and presented to a Client when they perform a search on the Website for Available artists.
You must tell us how much you would like to charge, per vehicle, per mile.
You may add information to the Artist Profile relating to the fees which would be charged by you in the event you deem it necessary to stay overnight following an Event. These fees are a fee for your time to compensate you for being away from your Home Location overnight. You must arrange with the Client separately for them to pay for the accommodation costs, this will not be done via the Website.
You must include information within the Artist Profile indicating the distance that you are willing to travel before an Overnight Surcharge are added to the fee. Additionally, you must include a price per head (per group member) for this.
It is the responsibility of all Artists to ensure that their Availability is appropriately marked within their Artist Profile on the Website to enable Clients to establish which artists are available for their Event.
- Availability is marked within the Artist Profile using a traffic light system as follows:
Green – Artist is available;
Red – Artist is unavailable.
It is recommended that Artists keep their Availability updated for at least two years ahead, as many Clients seek to book artists for events such as weddings with a significant amount of notice.
The Artist must ensure that any dates of non-availability (such as where the Artist has a performance that has been booked outside of the platform) are marked as such as Music Marmalade takes no responsibility for any loss or damage incurred as a result of inaccuracies in the Artist Profile and/or Availability.
Music Marmalade uses Stripe to process payments received via the Website.
When building the Artist Profile, the Artist will be required to register with Stripe to enable payments to be collected and processed.
Stripe operates its own terms and conditions which will apply to the Stripe account that the Artist must maintain. This is independent of the Music Marmalade terms set out here.
Stripe may require Music Marmalade to provide certain information in respect of an Artist, the Artist agrees to co-operate with Music Marmalade in relation to such requests and understands that it may not be able to receive Fees in the event it does not do so.
Music Marmalade may be required to report to Government and regulatory authorities in respect of activities conducted via the Website. The Artist agrees that Music Marmalade is permitted to provide such information as is requested by such organisations upon request.
Add-Ons
Travel Expenses
Overnight Surcharge
Availability
Stripe Account
Reporting Requirements
Booking Requests
In order to make an enquiry with an Artist, a Client will undertake a search of the Website and the Client will be presented with a list of Artists that are available (Available – and “Availability” shall be interpreted accordingly) within the relevant search parameters for the event that the Client wishes to book (Event).
Search results are shown to a Client based on the proximity of the Artist to the Event location by default, with Clients then being able to sort by highest or lowest price or highest rated Artists.
After reviewing the Available Artists, the Client will generate a booking request (Booking Request). The Booking Request will contain all details of the Event and the total price of the booking (Fees). The pricing within the Booking Request will be generated directly from the information that the Artist has entered into its Artist Profile.
This Booking Request will be sent to the Artist who will then have an opportunity to review the Booking Request and make a decision about whether they are happy to accept the Booking Request. This must be done within 48 hours of receiving the Booking Request. If the Artist does not respond to the Booking request within 48 hours of receiving it, the Booking Request will be automatically declined.
If the Artist chooses to accept the Booking, they will do so via the Artist Account we will send notification to confirm the Booking to the Client (Confirmation).
When we send the Confirmation, a contract between Client and the Artist will be created which will consist of the terms that apply to the relationship between the Client and the Artist, and the information contained within the Confirmation, which we have taken from the Booking Request (the Booking Contract).
Confirmation of a Booking
When a Client sends the Booking Request we will request a pre-authorisation of payment of the Reservation Fee from the Client to be made in order to secure the booking.
Once You accept a Booking Request and 48 hours have passed since the Booking Request was made by the Client, we will debit the pre-authorised Reservation Fee from the Client.
In the unlikely event that Music Marmalade is unable to secure payment of the Reservation Fee from the Client, the Booking Contract will be immediately terminated and the Artist and the Artist’s Availability will be automatically updated.
The Booking Contract
You must comply with the terms of the Booking Contract. Any breach of the Booking Contract by you will be deemed to be a breach of these Terms.
If an Artist or a Client want to vary a Booking Contract once it has been entered into, this must be done via the messaging function on the Website.
Any additional payment that is required for any changes to the Booking Contract must be arranged directly between the Client and Artist and will not be handled via the Website.
Artist Responsibilities
- The Artist agrees that it will adhere strictly to the following Artist Code of Conduct:
The Artist shall perform the Event to the best of their ability and in a manner that reflects the Artist Profile that the Client viewed prior to the Event and shall conduct themselves in a manner that is professional and appropriate at all times.
The Artist will comply at all times with the Booking Contract including any subsequent changes that have been agreed with the Client in advance of the Event.
The Artist will arrive at the Event in a timely manner and will conduct themselves in a professional manner throughout the Event, including during set-up and take-down.
The Artist will ensure it has with it all necessary equipment and instruments at the Event and will dress in an appropriate manner for the Event.
The Artist will not engage in any form of anti-social behaviour, or behaviour which could be seen to bring Music Marmalade, the Client, or the Event venue into disrepute.
The Artist will not drink alcohol excessively or take drugs, before or during an Event.
The Artist shall obtain written permission from the Client prior to taking pictures or recording video at the Event and will refrain from taking pictures or recording video if reasonably asked to do so by the Client or any other attendee at the Event.
Should the Artist breach the Artist Code of Conduct set out in this clause, Music Marmalade reserves the right in its absolute discretion to suspend or terminate the Artist Profile.
Use of Alternative Performers
The Artist must provide the line-up as represented to the Client, unless there is a necessity to substitute any members of the line-up due to unforeseen circumstances (Substitute Members).
The Substitute Members must be sufficiently rehearsed in order to perform to a high standard.
Fees and Payment
Subject to clause 8.2, the Fees are set by the Artist and will be shown on the Website and the Booking Request. They will also be confirmed in the Confirmation.
In order to ensure that Artists are being sufficiently compensated for their work, Music Marmalade has expectations in respect of the recommended minimum price that may be offered to a Client for an Event. It is recommended that the Artist does not set their Fees at rates which are lower than the minimum recommended fees available within the Artist Account area of the Website.
Music Marmalade reserves the right to suspend the Artist Profile if it is reasonably determined that the Artist is regularly setting its Fees at a level below the minimum recommended fees.
Notwithstanding the above, Music Marmalade does impose a minimum fee per Artist of £250 per Event and the Website will not permit listings below this price. Music Marmalade reserves the right to amend this minimum fee from time to time and will notify the Artist of this change within the Artist Profile.
The Client will be responsible for paying the Fees via Music Marmalade’s Website using Stripe.
- The Fees payable may be split into two payments:
A Reservation Fee of 15% of the total Fees
A Final Payment of any remaining Fees which have not been paid under the Reservation Fee.
Music Marmalade charges a service fee to Artists for their use of the Website (Service Fee) on the basis of the number of Booking Contracts entered into via the Website in each calendar year.
- Subject to a minimum Service Fee of £37.50 which will apply to every Event regardless of the Fees charged to the Client, the Service Fee shall be calculated based on the Fees payable by the Client in respect of their Event as follows:
Number of Events Booked via Website
(based on the number of Booking Contracts which have been entered into between the Artist and a Client at the point at which the relevant Booking Request is made)Service Fee as a Percentage of Fees Charged to Client 1-25 15% 26-40 12.5% 41-50 10% 51 and over 7.5% If an Artist is slow to respond to Booking Requests and has Booking Requests outstanding, any new Booking Requests that are received by that Artist prior to the existing Booking Requests being accepted will be subject to the Service Fee that applies to the number of Booking Contracts the Artist has actually entered into.
On 1 January each year, the Artist’s total number of Bookings shall be reset to zero.
Events which the Artist has performed at will result in the Event being recorded as a completed Event. Any Event that the Artist cancels, or fails to perform at the Event, the Event will not be added to the total number of Events against which the Service Fee will be calculated.
In all instances, Music Marmalade will retain the Service Fee.
Fees, less the Service Fee, will be paid to the Artist, via Stripe, two days after the Event has taken place.
If the Client does not make payments when requested, the Artist shall be entitled to cancel the Booking Contract.
In the event an Artist cancels an Event for any reason any Fees already paid by the Client must be refunded to the Client by the Artist including any Service Fee which may have been retained by Music Marmalade.
Music Marmalade Service Fee
Communication Between Artists and Clients
All communication between Artists and Clients should be conducted via the Music Marmalade Website. It is important that Artists do not engage in communication outside of the Website as communications that take place via Messages can be taken to form part of the Booking Contract.
Communications between Artists and Clients must at all times adhere to the Artist Code of Conduct.
Artists must not in any way seek to communicate with Clients in a manner that could be considered by Music Marmalade to be intended to circumvent the booking system that is provided by Music Marmalade.
Additional Fees
The Client will be responsible for any reasonable additional costs or fees that the Artist may incur following confirmation of the Booking due to a variation to the Booking Contract, or other incidental expenses, and such costs or fees must be dealt with between the Artist and Client directly. Music Marmalade shall not be liable for any additional fees.
In the event that the Artist requires overnight accommodation in order to perform at the Event, the Client will be responsible for organising and paying for suitable accommodation. Failure to provide such overnight accommodation may result in the Artist being unable to attend the Event in which case the Client shall remain liable for the full Fee.
Insurance
It is the responsibility of the Artist to ensure that it has adequate public liability insurance in place and the Artist shall provide proof of the same to Music Marmalade upon request.
Music Marmalade disclaims any and all liability for any loss, damage or injury which occurs in relation to an Event.
Support from Music Marmalade
We are available seven days a week to provide support to Clients and Artists.
The Website has an approximate uptime of 99.9% although we cannot guarantee that it will be accessible at all times as we may need to conduct maintenance, or there could be an unexpected issue that affects the Website.
Artists can contact us via the Website or via artistsupport@musicmarmalade.com in order to receive support in the unlikely event that something does not go to plan.
If a Client Terminates
- A Client may cancel your Booking Contract at any time, subject to making the required payments as set out below:
Time of Cancellation Cancellation Payment Due What An Artist Is Due More than 182 days before the Event 15% of the Fee is due. 15% of Fee less the Service Fee 92 to 181 days before the Event 50% of Fee is due. 50% of Fee less the Service Fee 31 to 91 days before the Event 75% of Fee is due. 75% of Fee less the Service Fee 30 or less days before the Event 100% of Fee is due. 100% of Fee less the Service Fee Music Marmalade will seek to collect these payments from the Client in the event of cancellation by them, but is not obliged to do so.
In the event that a Client does not make payment as above, Music Marmalade may choose to pass on the contact details of the Client to the Artist in order for the Artist to seek payment directly and Music Marmalade shall have no further liability to the Artist in this respect.
Cancellation of an Event by Artist
Once you have accepted a Booking Request, you must make every effort to perform the Event, cancelling one or more Events may lead to the Artist Profile being suspended.
If an Artist needs to cancel an Event following the acceptance of a Booking Request it must immediately inform Music Marmalade.
You have the right to terminate the Booking Contract that you have entered into with any Client in the event that the Client fails to make payment of Fees when due.
In the event that an Artist cancels an Event, except where such cancellation is the result of non- payment by the Client, it must make every effort to source a suitable substitute artist to cover the Event (Substitute Artist) and you will be liable for the fees charged by such substitute and any uplift in fees that the substitute may charge to the Client, up to a total of 110% of the original Fee.
The Substitute Artist must be of equivalent standard to the Artist and you will be responsible for the Substitute Artist’s compliance with the terms of this Agreement.
If you are unable to source a Substitute Artist or the Client reasonably rejects the Substitute Artist, you must refund the Client the full Fee and Music Marmalade will retain the Service Fee.
In the event that an Artist does not provide a refund to the Client, Music Marmalade may take action to refund the Client and will be entitled to recover all costs and other losses incurred in doing so directly from the Artist.
Feedback on Website
We welcome any feedback about the Music Marmalade Website and we are always keen to hear about ways to improve what we do. If you have any comments, please submit these to artistsupport@musicmarmalade.com.
Complaints Received from Clients
Music Marmalade will pass on any communications received from Clients that relate to complaints about Artists.
It is the responsibility of the Artist to resolve any complaint from a Client where such complaint relates to anything other than the Client’s use of the Website.
Termination of this Agreement
You have the right to terminate your Agreement with Music Marmalade at any time, provided that you have no outstanding Booking Requests or Events which have not yet been performed. In the event that you wish to cancel, please provide us with at least 30 days’ written notice to artistsupport@musicmarmalade.com, such notice to expire no earlier than the latest Event that you have committed to via the Website.
We have the right to terminate this Agreement (i) upon 30 days’ written notice provided that such notice will not expire until the completion of the latest Event that you have committed to via the Website; (ii) immediately where you are in material or persistent breach of this Agreement or any Booking Contract; or (iii) where behaviour of the Artist or any person or persons associated with the Artist is likely to harm the reputation of Music Marmalade.
In the event of termination of this Agreement all Fees paid by Clients to Music Marmalade for Events completed by the Artist shall be remitted to the Artist in accordance with the terms of this Agreement.
Suspension of Artist Profile
We may suspend your Artist Profile, resulting in you being unable to accept new Bookings, if we reasonably suspect that you have breached these Terms or any Booking Contract.
Your Obligations and Restrictions
- You agree and accept that:
you will provide complete and accurate information to us as and when needed and you are responsible for making sure that the data you provide us, and the Artist Profile you have created, is correct; and
you will comply with this Agreement, the Website Terms of Use and the Artist Contract, and any other documents referred to in them, when using our Website, engaging with Clients and/or performing at Events;
In reading and accepting these Terms, you are aware of and understand your rights and responsibilities, and if you are not sure, you have contacted us on our Contact Page for help or more information.
Our liability to you
Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
Notwithstanding the above, our liability to you shall be limited to the Service Fees paid to us for the Event giving rise to any claim.
Indemnification
You shall indemnify Music Marmalade against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with your breach of this Agreement, the Booking Contract and the Website Terms of Use.
Force Majeure
In respect of both this Agreement and the Booking Contract, no Party will be liable for their failure to fulfil their obligations if such failure is caused by a Force Majeure Event. A Force Majeure Event is defined as a natural disaster (including but not limited to; storm, earthquake, hurricane, flood, etc.), epidemic, pandemic, civil unrest, war, terrorism, death, illness certified by a medical profession, accident, or any directives issued by a government or local authority which prevents a party from performing their obligations to the other party.
In respect of death and/or sickness, in order for a party to claim a Force Majeure Event has occurred the affected party must be a named party to this Agreement or the Booking Contract (or their spouse where the affected party is a Client and the Event is a wedding).
If a Party needs to rely on this clause and claim that a Force Majeure Event has occurred, they must inform the other party promptly. Any party seeking to claim that a Force Majeure Event has taken place must provide sufficient evidence to the other party and demonstrate that they took reasonable steps to mitigate the effects of the Force Majeure Event.
If the party claiming that a Force Majeure Event has occurred is an Artist or Client, Music Marmalade will endeavour to work with that party to seek to mitigate or resolve the effect of the Force Majeure Event. This may involve Music Marmalade assisting to reschedule the Event, cancel the Event or appoint another Artist to perform at the Event, at the expense of the Client.
Should the Client choose to reschedule the Event with the same Artist, Music Marmalade will provide a list of available dates where the Artist is free.
If it is not possible to reschedule with the same Artist, Music Marmalade will help the client find an artist of similar quality and price.
If the Event is cancelled due to a Force Majeure Event despite the Client being offered a viable alternative, the provisions of clause 13 will apply.
General
You are not allowed to transfer your rights or obligations under these terms to anyone without our prior written consent. We may transfer our rights and obligations under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
The laws of England and Wales apply to these terms. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.