Musician Terms and Conditions
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Securing Your Date
Your date will not be held until this contract is completed and returned to Zach Spruill by mail, email or in person.
Payment is due by cash or check any time BEFORE service is rendered, unless a specific date is mentioned on the Musician Performance Service Agreement. The musicians are not obligated to perform until the service is paid in full. Please make checks payable to Zach Spruill.
Payment may also be made by credit card but will be subject to an additional 3% processing fee. Those requesting to pay by credit card will be emailed a secure link through which to make payment from zachspruill.com.
If travel accommodations are required, the full event price must be paid in full no later than two weeks prior to the event, the cost of which will be non-refundable once hotel, airfare, or rental care have been booked by Zach.
Deposits are non-refundable. Payment for individual musicians that are unable to perform due to unforeseeable circumstances beyond our control that effect their ability to attend the event, such as illness, accident, or acts of God will be returned to Client. If all musicians are prevented from performing due to aforementioned circumstances prior to the event, all musicians’ payments will be returned to the client. If the client cancels the event within 14 days of the event date for any reason, the client is still responsible for full payment.
All events are "rain or shine" unless otherwise stipulated. The Client is responsible to provide an alternate indoor location in the event of inclement weather. The Client agrees to pay the full amount contracted once the musician(s) has arrived at the event location, even if the musician(s) cannot perform due to inclement weather.
Cancellation of the engagement by the Client for any reason within 14 days of the date of engagement shall also require payment of the balance to Zach Spruill, unless the same act is re-booked by the Client for a mutually agreeable date within 30 days of the canceled date. A Client canceling their engagement by telephone must also verify that cancellation in writing (via email).
Travel charges for long-distance events must be paid once the musicians begin their trip whether the event happens as planned or not.
If this is a recurring performance agreement, a minimum of two weeks notice should be given if performances will be discontinued.
Overtime will be billed at the rate of $25 per player for every 15 minutes after the agreed End Time has expired. An invoice will be sent to Client following the event and payment must be received within five (5) days. There will be a $25 late fee every five days that the overtime payment is not received until this matter is resolved.
Revisions to contracts will be handled on a case by case basis by Zach Spruill. The terms set forth in the contract herein are binding.
Musicians will be afforded a 10 minute break for every hour played beyond the first, and a space of at least 6’ x 6’ and at least one accessible power outlet will be provided for the musicians.
Instruments are extremely valuable and are susceptible to damage when exposed to certain conditions (i.e. extreme heat / cold, direct sunlight, etc.); for any OUTDOOR engagements musicians will be provided with shade and protection from the elements. The musicians will not perform in rain or adverse weather conditions. If there is no alternative plan, the musicians will wait the allotted time of the contract for weather to clear. Performers cannot perform in conditions lower than 55 degrees. If the weather is projected to be cooler than 55 degrees according to weather.com, there must be a plan to shield the musicians from the elements. Musicians will not play outside under adverse conditions. If adverse weather conditions (rain, etc) begin to occur during the performance and there is no alternative plan, there will be no refund.
Audio/VideorecordingofthemusiciansisallowedonlyatZach’sdiscretionandisusuallypermittedonacasebycasebasis. Duplication and distribution of recorded materials is prohibited by all applicable laws.
Choice of Law and Jurisdiction. This Contract shall be exclusively governed by and construed in accordance with the substantive laws of the State of Texas, excluding its conflict of law provisions. Both Client and Zach Spruill irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Texas and of the United States of America located in Harris County of the State of Texas for any actions, suits or proceedings arising out of, or relating to, this Agreement (and agree not to commence any action, suit or proceeding relating thereto except in such courts)
Musicians involved (other then Zach Spruill) are contract hires and not permanent employees of Zach Spruill.
**In the event the service is rendered and payment is not paid in full by the event day, Zach Spruill will file a Mechanic’s and Materialmen’s Lien against the Event Coordinator, the Client and the legal entity and will hold all said parties jointly and severally liable. Client agrees to reimburse Zach Spruill all out of pocket expenses including, but not limited, to legal fee for collection of any unpaid balance.**
**Musician shall be solely responsible for licensing and royalty payments, if any, due under law for any and all songs or music performed under this agreement, and Musician indemnifies and holds harmless the City for and from any claims for musical licensing and royalties that may become due as a result of any song or music played at the event.**