Musician's Term / User's Terms

Definitions

"Performer" - a Musician or Group which has been booked for a gig through Applaud.

"Event" - the period of time when the Performer performs the Booking.

“Booking” - the act of reserving a Performer for an Event for an agreed fee.

“Client” - a person or group that is Booking a Performer for an Event.

 

Terms

Any booking verbally, electronically or in writing will be a legally binding contract subject to the following non-negotiable terms and conditions of booking:

  1. Confirming the booking

    1. The booking is confirmed when the Performer’s quote is accepted by the Client.

    2. By accepting a Booking request the Performer is entering into a legally binding contract with the Client, in which the Performer is committed to carrying out the booking.

    3. By accepting a booking request, the Performer also agrees to adhere to the terms of the Applaud Performer Code of Conduct (see below).

    4. If the Client themselves is not able to meet the musician on the day, Performers should ensure in advance that the Client has confirmed a designated point of contact for the day of the Event, such as a venue manager or wedding planner.

  2. Direct Contact with Clients

    1. If a Client calls with the Performer, following the call the Performer must inform Applaud of any booking details agreed upon during the conversation by sending an email to info@ApplaudEvents.com

    2. Any booking details verbally agreed between the Performer and Client must be confirmed in writing with the Client ccing info@ApplaudEvents.com.

    3. The Performer is responsible for ensuring that the Client understands that a Booking is not confirmed until the deposit has been paid.

    4. If a Booking initiated via the Applaud website is agreed in person but not confirmed using the Applaud website, the Performer must still pay the Applaud Service Fee. This must be paid to Applaud within 24 hours of the date of the Event.

    5. If the Performer fails to pay the Applaud Service Fee their account will be suspended until payment is received.

  3. Receiving payment on-site

    1. All payments which go through the Applaud site (on-site) are transferred using our payments provider, Stripe. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry.

    2. By clicking “Save” and registering your account details, you agree to the Stripe Services Agreement and the Stripe Connected Account Agreement.

    3. Full payment is transferred to the Performer once the Client verifies the Event occurred, or after 48 hours of the Event.

    4. Applaud takes a Service fee of 5% of the Performance fee on all bookings, including bookings agreed via direct messages. This covers the cost of providing support and improving the Applaud service for Performers.

  4. Off-site payment

    1. Though most booking payments take place through the Stripe payment system, when Clients submit their payment details they can choose to pay Performers using off-site methods such as cash or cheque on the day of the Event.

    2. This is made clear to the Performer when they accept a Booking and in doing so they accept that they are responsible for ensuring the payment is made correctly and on time. Applaud cannot enforce off-site payments.

    3. If a Performer is unsure of the method of payment, they should communicate this to the Client as soon as possible and if there is no response, get in touch with Applaud at info@ApplaudEvents.com.

    4. Applaud is unable to offer Performers deposits for bookings where the payment is made off-site.

    5. The Applaud Cancellation Policy (see Section 5) applies for off-site bookings, but Performers should be aware that though Applaud will support the Performer in the event of a cancellation, Applaud cannot guarantee that it will be enforced.

    6. If the Performer receives their fee for a job using an off-site payment, they remain responsible for paying the Applaud Service Fee to Applaud.

      1. This fee must be paid in advance or within 24 hours of the event.

      2. If this fee remains unpaid by the Performer over 24 hours after the event, Applaud reserves the right to suspend that Performer’s Applaud account until full payment is received.

  5. Travel expenses

    1. Travel expenses include all expenses incurred by the Performer which are unrelated to the performance itself - these can include, travel, porterage, accommodation, or food and drink.

    2. Travel expenses are included in the final payment to the Performer, transferred after the Event date.

    3. If the Performer requires travel expenses to be paid before the day of the Event (for example for expensive travel such as plane tickets), exceptions may be possible if they contact Applaud at info@ApplaudEvents.com.

  6. Cancellation

    1. If an Performer needs to cancel a booking, they must immediately inform Applaud of any changes to a booking at info@ApplaudEvents.com. If an Performer needs to cancel they must inform Applaud before informing the Client.

    2. Acceptable reasons for cancellation include events will result in the Performer being unable to get to the Event such as transport stoppages, adverse weather conditions, death, serious injury, natural disasters, riots or strikes.

    3. Informing a Client of a cancellation is not a valid method of cancellation. All communication regarding cancellations must be sent to Applaud. A booking is not cancelled until Applaud has been informed.

    4. If a Performer cancels a booking, any deposit they have received from the Client must be immediately refunded to the Client.

    5. All cancellations are subject to the Cancellation Policy.

    6. In the event that a Performer is using their own contract, this shall be appended to the Applaud T&Cs and Cancellation Policy.

    7. If a Performer cancels a booking without an acceptable reason they will receive a warning letting them know that this is an unacceptable use of the Applaud platform.

  7. No show policy

    1. A “no show” is when a Performer does not carry out a booking without having communicated their intention to Applaud or communicates to Applaud that they wish to cancel a booking less than 48 hours before the job start time. This means that Applaud does not have sufficient time to find a replacement Performer.

    2. No shows not only reflect badly on the Performer, but also on Applaud and so will be dealt with very seriously. If a Performer “no shows”, Applaud reserves the right to remove them from the platform.

    3. If a Performer “no shows”, any deposit they have received from the Client must be immediately refunded to the Client.

    4. This policy will not apply to instances when the Performer is unable to perform due to events of force majeure such as serious injury, death, transport accidents or stoppages, natural disasters, riots or strikes.

    5. If a Performer falls ill within 48 hours of the event, they must provide a doctor’s note. They also agree to make all possible effort to provide a deputy musician to fill their place.

  8. Changes to booking details

    1. If a Performer needs to make changes to the details of the booking before the booking has been secured, such as the line-up, performance duration or fee amount, this must be done by emailing info@ApplaudEvents.com and must be accepted by both parties before the booking is confirmed.

    2. Once a booking has been secured, Performers should not communicate changes to booking details to the Client without first contacting Applaud.

  9. Delayed event schedules and late finish fees

    1. If a booking finishes after the specified end time through no fault of the Performer and they cannot perform until the end, there is no reduction of fee.

    2. If an Event is extended by more than 10 minutes beyond the original finishing time and the Performer is asked by the Client and agrees to continue performing, they are entitled to organise additional payment from the Client at their discretion. This payment must be declared to Applaud at info@ApplaudEvents.com within 24 hours of the Event.

    3. If any other changes to the booking occur on the day resulting in additional payment to the Performer, this payment must be declared to Applaud at info@ApplaudEvents.com within 24 hours of the Event.

    4. The Performer has the right to refuse to finish later than the finish time without penalty.

  10. Sound limiters and volume

    1. If the event venue has a sound limit, the Client must make this known to the Performer before the booking is confirmed.

    2. The Performer can refuse to perform if the Client does not make the sound limit known to the Performer before the booking and the sound limit for the booking is below a reasonable level for the style of music they are booked to perform (e.g. for a rock band, the sound limit is lower than the sound of an acoustic drum kit). In this case, the Performer is entitled to their full fee.

  11. Using alternative or deputy performers

    1. If a Performer cannot perform for a particular booking and wishes to use an alternative or deputy performer, they must contact Applaud immediately at info@ApplaudEvents.com.

    2. Applaud may grant the Performer the right to use an alternative or deputy performer, but only given the Client’s consent.

    3. Any alternative or deputy performers will be subject to the same contractual agreement as the original Performer.

  12. Disintermediation and Circumvention

    1. By receiving or applying for a booking through Applaud, and benefiting from Applaud’s service, Performers agree not to take bookings originating on Applaud outside of the platform or use Applaud to generate further bookings outside of the platform. This is against our terms and Performers who do so may be penalised by having their account suspended or deleted.

    2. Applaud is entitled to 5% of the Performer’s fee (excluding travel expenses) payable by the Performer if an enquiry which originated on Applaud is paid for off the platform.

  13. Dispute resolution

    1. If a dispute arises as a result of a booking, the Performer must register the dispute by contacting Applaud as soon as possible at info@ApplaudEvents.com.

    2. Registering a dispute will freeze any payment transactions for a window of up to 7 days during which time we will ask both the Client and Performer to provide evidence.

    3. If the evidence is inconclusive, the default position is for Performers to receive their fee.

    4. By accepting a booking through Applaud all Performers agree to adhere to the Applaud Code of Conduct. If a Client feels a Performer has behaved inappropriately, Applaud will take due measures to ensure this is resolved.

  14. Insurance

    1. For bookings where it is necessary, the Client is responsible for ensuring that the Performer has Public Liability Insurance (PLI).

    2. Applaud is not liable for any damages to people or their personal property which take place at an Applaud booking.

  15. Problems with the site

    1. Though our tests show that the Applaud site has approximately 99.99% uptime, we cannot guarantee that it will be accessible at all times.

    2. Performers accessing the site from older versions of internet browsers may experience connectivity problems and so for optimal experience it is recommended that you ensure you are always using the latest version of your browser.

  16. Trust and Security

    1. Applaud follows the highest standards of security and protection when handling the data of Clients.

    2. Applaud never holds card details or bank account numbers. These are stored by our payment provider, Stripe, which has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry.

    3. Any information Applaud does store is essential for the booking process and industry-standard measures are taken to ensure its security.

  17. Performer Code of Conduct

    1. By accepting a booking, all Applaud Performers agree to abide by the following Code of Conduct.

    2. The Performer agrees to provide a performance that is to the best of their ability, and that reflects the details laid out in their application during the booking process, including their profile, videos, audio, biography etc.

    3. The Performer will adhere to the Client’s wishes within reason, be polite and courteous with the Client, their guests and all venue staff and contractors.

    4. The Performer should take all possible measures to ensure that they are easily contactable by the Client, via phone and email.

    5. The Performer should arrive at the Event with sufficient time to set up and prepare for their performance. They should ensure they familiarise themselves with the necessary venue contacts and the location of emergency exits.

    6. The Performer agrees to provide all necessary equipment and instruments for their performance, unless it has been agreed that it will be provided by the Client or a third party.

    7. The Performer also agrees to take responsibility for all necessary tests (such as PAT tests) and checks on the equipment to ensure that the equipment is in good working order.

    8. The Performer agrees that they will not be under the influence of alcohol or recreational drugs, during or after their performance or when they are in the presence of the Client or other event staff. The taking of illegal drugs at any Applaud booking is strictly prohibited.

    9. The Performer agrees that they will not smoke where it is prohibited at the event venue.

    10. The Performer will not partake in any behaviour which is anti-social or deemed to reflect badly upon Applaud or the Client.

    11. The Performer agrees to dress in an appropriate manner for the performance, unless the Client has agreed otherwise or a different outfit is necessary to the performance.

Applaud Terms and Conditions of Use

Please read these terms of use ("Agreement" or "Terms of Use") carefully before using the website and services offered by Applaud Events Limited (“Applaud”). The Agreement sets out the legally binding terms and conditions for your use of the website at ApplaudEvents.com (the "Site") and all services provided by Applaud on the site.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site. Failure to use the Site or Services in accordance with these Terms may subject you to civil and criminal penalties.

Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

If you have any questions, please refer them to info@ApplaudEvents.com.

WHAT IS APPLAUD?

Applaud provides an online platforms that connects both professional and amateur Performers with Clients requiring music for live events, recording or other purposes. Performers can supply a profile on the platform which outlines their skill set and advertises services they are able to provide (collectively, the “Services”). These profiles are made available through the Site and any Applaud mobile applications (which shall fall under these terms).

We reserve the right to remove customers or sellers that do not fall within this framework at any time.

YOU UNDERSTAND AND AGREE THAT APPLAUD IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN MUSICIANS AND CLIENTS, NOR IS ENCORE A MUSIC AGENT OR INSURER. ENCORE HAS NO CONTROL OVER THE CONDUCT OF MUSICIANS, CUSTOMERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Applaud cannot guarantee the true identity, age, and nationality of a user or the accuracy of any information on a user’s profile on the Site and encourages you to communicate directly with potential transaction partners through the tools available on the Site.

By accepting a job offer and entering into a contract with a customer, a musician acknowledges that he or she is responsible for the legal status of their working activities. Applaud will not be held responsible by either party for Performers who are restricted from working in the country a job is posted or listed in. Applaud recommends that both Performers and customers carry out such checks as may be necessary to ensure that the fulfillment of a booking will not be in breach of any applicable laws.

You agree that Applaud is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Applaud. You use the Applaud service at your own risk.