This agreement applies as between you, the User of this Website and ‘Ryan’ Ryan Grant, the owner(s) of this Website and professional vocalist. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately. These terms also include general booking terms (16), which you agree to should to proceed and make a verbal or written booking arrangement with Ryan Grant.
1 – Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
- means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
- “Ryan Grant” and “Ryan”
- means Ryan Grant of 204 Booker Avenue, Liverpool, L18 9TB
- means the client who has placed a booking with Ryan
- means an instance in which Ryan is being paid to perform at an event, function or Wedding
- means collectively any online facilities, tools, services or information that Ryan Grant makes available through the Website either now or in the future;
- means our place(s) of business located at 204 Booker Avenue, Liverpool, L18 9TB
- means any online communications infrastructure that Ryan Grant makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
- “User” / “Users”
- means any third party that accesses the Website and is not employed by Ryan Grant and acting in the course of their employment; and
- means the website that you are currently using (www.painstaking-alley.mysites.io.flywheelstaging.com) and any sub-domains of this site (e.g. subdomain. www.painstaking-alley.mysites.io.flywheelstaging.com) unless expressly excluded by their own terms and conditions.
2 – Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Ryan Grant, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Ryan Grant.
3 – Third Party Intellectual Property
3.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
3.2 Subject to Clause 4 or you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
4 – Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5 – Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Ryan Grant or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6 – Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.painstaking-alley.mysites.io.flywheelstaging.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Ryan Grant. To find out more please contact us by email at firstname.lastname@example.org.
7 – Use of Communications Facilities
7.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
7.1.1 You must not use obscene or vulgar language;
7.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 You must not submit Content that is intended to promote or incite violence;
7.1.4 It is advised that submissions are made using the English (UK) language as we may be unable to respond to enquiries submitted in any other languages;
7.1.6 You must not impersonate other people, particularly employees and representatives of Ryan Grant or our affiliates; and
7.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that Ryan Grant reserves the right to monitor any and all communications made to us or using our System.
7.3 You acknowledge that Ryan Grant may retain copies of any and all communications made to us or using our System.
7.4 You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
7.5 In order to use the enquiry form and any other communication facility that may be added in the future on this Website, you are required to submit certain personal details. By continuing to use this Website you represent and warrant that:
7.5.1 Any information you submit is accurate and truthful; and
7.5.2 You will keep this information accurate and up-to-date.
8 – Privacy
8.3 If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet settings. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
9 – Disclaimers
9.1 Ryan Grant makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
9.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
9.3 Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from Ryan Grant correspond to the actual products and / or services, Ryan Grant is not responsible for any variations from these descriptions.
9.4 Ryan Grant does not represent or warrant that such products and / or services will be available from us or our Premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and / or services. Any such enquiry does not give rise to any express or implied warranty that the products and / or services forming the subject matter of your enquiry will be available upon your arrival at our Premises.
9.5 All pricing information on the Website is correct at the time of going online. Ryan Grant reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every 6 months.
9.6 Whilst Ryan Grant uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
10 – Availability of the Website and Modifications
10.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
10.2 Ryan Grant accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
10.3 Ryan Grant reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
10.4 Ryan Grant reserves the right to update and amend terms and conditions without notice at any time.
11 – Limitation of Liability
11.1 To the maximum extent permitted by law, Ryan Grant accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
11.2 Nothing in these terms and conditions excludes or restricts Ryan Grant’s liability for death or personal injury resulting from any negligence or fraud on the part of Ryan Grant.
11.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
12 – No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
13 – Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
14 – Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Ryan Grant.
15 – Communications
15.1 All notices / communications shall be sent to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
15.2 Ryan Grant may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the unsubscribe link.
16 – Booking Agreements With Ryan Grant
These terms are in effect when you become the ‘client’ who books Ryan Grant to perform at an event.
16.1 Bookings made through this website are by default for the music artiste Ryan Grant unless otherwise stated and agreed with you, the client.
16.2 A ‘booking’ is an instance in which Ryan Grant is employed by yourself, the client, to perform (sing, and/or play saxophone) at an Event, Wedding or Function on a specific pre-agreed date.
16.3 Written correspondence (including emails, text messages or letters) between the client and Ryan Grant constitutes a booking agreement, and will outline the agreed event date, event location, booking length/timings, performance (set) duration and any fees payable.
16.4 A non-refundable deposit (amount specified and agreed with Ryan Grant at time of booking) secures your booking and should be paid within 48 hours of your booking request. Unless otherwise agreed in writing, no booking is officially confirmed until a deposit is paid; thus until this point Ryan is technically still available to accept alternative bookings.
16.4 The remainder of the outlined booking fee “the balance” is payable via bank transfer no later than 3-weeks prior to the event date, unless otherwise agreed in writing (text, email, letter) that the balance can be paid at a later date. Once paid, the payment balance is non-refundable. The use of another payment method (cash, cheque, PayPal) is permitted if agreed by Ryan Grant in writing.
16.5 It is the responsibility of you, the client, to ensure the correct venue address is provided to Ryan Grant via email or writing prior to the event.
16.6 The client is responsible for ensuring appropriate event or wedding insurance is in place.
16.7 The client must ensure act provisions are in place. These include; soft drinks and at least one available accessible electrical socket. The client is responsible for providing a suitable performance area and parking outside the venue or as a minimum, a loading bay to ensure all equipment can be brought into the venue.
16.8 Performance times e.i the scheduled time in which the performance(s) take place are flexible, but must remain within the longer pre-agreed booking duration. If no fixed booking times are set or formally agreed in advance, booking times and subsequently performance times are subject to Ryan Grant’s latest availability.
Cancellation Policy – Cancellation by the Client (You)
16.9 Cancellation of the booking by the Client must be intimated in writing. If the Client wishes to cancel the services agreed, the Client agrees to inform the Artist immediately. Cancellations are in effect at the time in which the correspondence is sent.
16.9.2 All booking / deposit fees are non-refundable.
16.10 Cancellations can be made with loss of deposit only providing the cancellation is made in writing with 365 days or more notice prior to the event date. For cancellations made with less than 365 days notice but more than 150 days notice, a cancellation fee totalling 25% of the balance is payable to Ryan Grant. For cancellations made with 150 days or less until your event date, you as the client are liable to pay Ryan Grant the remaining balance fee for your booking within 14 days of cancellation.
16.11.1 In circumstances when events cannot legally take place or are cancelled by the client as a result of force majeure, Ryan Grant will offer the opportunity to reschedule or postpone your event and transfer the booking; carrying forward any fees paid and fees still payable. In the event that Ryan Grant is unable to fulfil the agreed booking obligation due to circumstances beyond their reasonable control (force majeure including, but not limited to, “Acts of God”, adverse weather, civil unrest, epidemic, industrial action or war) Ryan Grant shall not be liable for refunds of any kind.
In all other circumstances in which the Client cancels the booking, Ryan may also offer the option to reschedule or postpone your event at his discretion.
16.11.2 All postponed events would take place within 12 months of the original event date and are subject to Ryan Grant’s availability. Ryan Grant reserves the right to make additional charges if changing the booking to a non-equivalent date, e.g from a Sunday booking to a Saturday. Unless an extended period of postponement is otherwise agreed in writing, the client has 30 days from the point of cancellation to confirm the rescheduled date for the rearranged event. At this stage, if any monies are still due, 20% of the current balance should be paid as a commitment to the new date. This is non-refundable. If a new date cannot or is not arranged, standard cancellation charges apply. If the rearranged date / event is cancelled and the performance cannot not take place, in all circumstances the full balance is payable, although Ryan may offer in exceptional circumstances the opportunity to reschedule again.
Cancellation Policy – Cancellation by the artiste (Ryan Grant)
16.12.1 In the extremely unlikely event that Ryan Grant is unable to fulfil the engagement due to circumstances beyond reasonable control, including but not limited to, ‘Acts of God’, adverse weather, epidemic, civil unrest, industrial action or war, Ryan Grant will not be liable for providing refunds of any kind. However, if the event is cancelled prior due to circumstances beyond reasonable control (force majeure), Ryan Grant will agree to reschedule the booking and perform at a rearranged date, as outlined in 16.11.
16.12.2 Additionally, Ryan Grant will be entitled to terminate any booking agreement without liability (other than a full refund of monies paid by the Client), if for any reason(s) Ryan Grant is unable to arrive at the venue and/or is unable to perform, outside the reasonable control of the act, including but not limited to the following incidents:
- Fire or theft of equipment / vehicle
- Illness or injury resulting in Ryan Grant being unable or not fit to perform
- Breakdown of vehicle / accident
- Severe / unavoidable travel delays
- Other emergency or bereavement
In these circumstances any monies paid to Ryan Grant by the Client in relation to the booking will also be refunded to you via bank transfer within 14 days.
16.13 In the unlikely event of a cancellation by Ryan Grant, he will use his network of contacts to try and find a suitable replacement artiste of similar calibre. He may, on occasion, act as an agent on the replacement artiste’s behalf to finalise arrangements with you, the Client. If in the event Ryan Grant is unable to provide or recommend an available and acceptable replacement artiste directly, he will refer you to one of the entertainment agencies that also represent him.
For bookings made on or after 19th March 2020, these additional terms are in effect. You as the client remain fully responsible for upholding your booking agreement and adhering to these terms and conditions.
16.14 All cancellations remain subject to standard cancellation policy unless laws surrounding COVID-19 dictate that the event cannot take place. For cancellations in circumstances in which COVID-19 restricts your booking taking place e.g venue closures, lockdown, ban on gatherings; the option to reschedule or postpone your event will be provided. All fees paid and still payable are carried forward to the new date. A 12-month period to hold the rescheduled event is granted, with 60 days to provide the rescheduled event date to Ryan Grant. All full, permanent cancellations and those made in other circumstances are subject to standard cancellation fees unless otherwise agreed in writing with Ryan Grant; e.i for a reduced cancellation fee, or to reschedule/postpone the event. All fees paid, including deposits, are non-refundable, unless Ryan Grant is unable to conduct his performance as outlined in 16.12.2.
17 – Law and Jurisdiction
These terms and conditions and the relationship between you and Ryan Grant shall be governed by and construed in accordance with the Law of England and Wales and Ryan Grant and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.