Apply to join the roster

1. Parties This Artist Agreement (“the Agreement”) is entered into between: RD Music Service Limited, a company registered in England and Wales (“the Company”); and the artist, musician, or performer who applies to join the Company’s roster and accepts this Agreement through the Company’s website at www.rdmusicservice.com, its portal, or any electronic acceptance process used by the Company (“the Artist”). 2. Purpose and Structure The Company operates a booking platform through which venues request live acoustic music performances. The Company contracts with each venue as principal and separately engages artists from its roster to perform those bookings. This Agreement governs the Artist’s place on the Company’s roster and every booking the Artist performs through the Company (each a “Booking”). This Agreement takes effect on the date the Artist accepts it and continues until terminated in accordance with clause 18. This Agreement does not oblige the Company to offer any minimum number of Bookings, and does not oblige the Artist to accept any Booking offered. 3. Artist Status The Artist is engaged on a non-exclusive, freelance basis as a self-employed independent contractor. Nothing in this Agreement creates any relationship of employment, worker status, partnership, agency, or joint venture between the Company and the Artist. The Artist is responsible for their own tax obligations, National Insurance contributions, pensions, insurance, travel costs, equipment, and all other business expenses. The Artist may perform for other agencies, venues, promoters, and clients during the term of this Agreement, provided such activity does not breach clause 14. 4. Roster Profile The Artist shall maintain an accurate profile with the Company, including: • a home town selected from the Company’s list of serviceable towns, being the listed town nearest to the Artist’s usual base; • a maximum travel time the Artist is willing to drive to a Booking; • optionally, up to three (3) additional towns from which the Artist will always accept offers regardless of travel time; • style tags describing the Artist’s repertoire and performance style; • dates on which the Artist is unavailable; and • current public liability insurance details in accordance with clause 7. The Artist may update their travel preferences, availability, and style tags at any time through the portal. The Company uses this information to determine which Bookings are offered to the Artist. The Artist acknowledges that inaccurate or out-of-date profile information may result in unsuitable offers or in the Artist receiving fewer offers. 5. Booking Offers, Acceptance and Amendment When a venue submits a paid booking request, the Company releases an offer to artists on its roster whose profile matches the requirements of that Booking, including travel time, availability, style, and standing under clause 11. Offers are allocated on a first-claim basis. The first eligible artist to claim an offer through the portal is allocated that Booking. A claim becomes a confirmed Booking automatically upon claiming, except where the venue has requested the right to approve the allocated artist, in which case the claim is held pending the Company’s approval and becomes a confirmed Booking only when the Company confirms it. Where an offer is not claimed within a given period, the Company may extend the offer to artists at greater travel distances. The Artist will never be sent an offer exceeding the maximum travel time stated in their profile, other than for a town the Artist has listed under clause 4. Once a Booking is confirmed, it is contractually binding on the Artist, and the Company shall release the full venue address and venue contact details to the Artist. The Company may amend Booking details where reasonably necessary. A change to the performance date of a confirmed Booking is a material amendment. Where a material amendment is proposed, the Company shall notify the Artist and the Artist shall have forty-eight (48) hours from that notification to accept or decline the amended Booking. Where the Artist does not respond within that period, the Artist shall be treated as having declined it. Where the Artist declines a material amendment, or is treated as having declined it, the Artist is released from the Booking and the Booking returns to the Company for reallocation. No fee shall be payable to the Artist in respect of that Booking. For the avoidance of doubt, declining a material amendment under this clause is not a cancellation by the Artist for the purposes of clauses 9 and 11. No strike, late cancellation, or other reliability record shall be made against the Artist, and the Artist’s standing shall not be affected. 6. Performance Requirements Unless otherwise agreed in writing, Bookings consist of live acoustic performances suitable for hospitality venues, in one of two standard formats: • two (2) sets of forty-five (45) minutes, separated by one (1) interval of fifteen (15) minutes; or • three (3) sets of forty-five (45) minutes, separated by two (2) intervals of fifteen (15) minutes each. The Artist shall arrive at the venue no later than forty-five (45) minutes before the advertised start time in order to load in, set up, and carry out any necessary sound check. The Artist agrees to: • perform to a professional standard suitable for public venues; • begin and end each set at the times specified in the Booking; • maintain appropriate conduct with venue staff, patrons, and representatives of the Company; • comply with reasonable venue rules and operational requirements; • ensure the performance is suitable for the venue environment and audience; and • notify the Company promptly of any issue affecting a Booking. The Artist is not required to perform beyond the format booked. Any additional performance time requested by the venue is a matter for the Artist’s agreement and shall be arranged through the Company. 7. Equipment and Insurance Unless otherwise agreed in writing, the Artist shall provide all equipment necessary to perform Bookings, including instruments, PA system, microphones, cables, and stands, and shall ensure that all equipment is safe, maintained, and suitable for professional public performance. The Artist shall hold and maintain public liability insurance throughout the term of this Agreement, and shall provide the Company with the name of the insurer, the policy number, and the policy expiry date. The Artist shall keep these details current and shall notify the Company immediately if cover lapses or is cancelled. Where a policy expiry date passes without updated details being provided, the Company shall place the Artist under review in accordance with clause 11 and the Artist shall receive no further offers until valid cover is confirmed. The Company accepts no responsibility for loss, theft, or damage to the Artist’s equipment except where directly caused by the Company’s negligence. 8. Fees and Payment The fee payable to the Artist for each Booking is stated in the offer at the time it is claimed. By claiming an offer, the Artist accepts the fee stated. The Artist acknowledges that the Company contracts with venues as principal and charges venues a fee which includes the Company’s own margin. The fee payable to the Artist is the amount stated in the offer and is not a proportion of the amount charged to the venue. Following completion of a Booking, the Artist shall submit a valid invoice using any invoicing method or template requested by the Company. Subject to receipt of a valid invoice, payment shall normally be made by bank transfer within fourteen (14) days. The Company may withhold payment where the Booking was not performed, where the Artist materially breached this Agreement, or where the Artist failed to perform to a reasonable professional standard. 9. Cancellation by the Artist The Artist must notify the Company immediately upon becoming aware that they are unable to perform a confirmed Booking. Where the Artist cancels a confirmed Booking, the Company shall return the Booking to its offer pool and no fee shall be payable to the Artist in respect of that Booking. Cancellation of a confirmed Booking within seventy-two (72) hours of the performance start time shall be recorded as a late cancellation under clause 11. This does not apply where the Artist declines a material amendment under clause 5, which is not a cancellation for the purposes of this clause. The Artist may not arrange a substitute performer for a confirmed Booking. Where the Artist is unable to perform, the Booking is returned to the Company’s offer pool and reallocated by the Company. 10. Cancellation and Rescheduling by the Venue Where a venue cancels a confirmed Booking five (5) days or less before the performance date, the Artist shall be paid the full fee stated in the Booking as though the performance had taken place. Where a venue cancels a confirmed Booking more than five (5) days before the performance date, no fee shall be payable to the Artist. Such a cancellation is not recorded against the Artist and shall not affect the Artist’s standing under clause 11. Where a venue requests a change to the performance date of a confirmed Booking, that request is a material amendment and clause 5 applies. The Artist may accept or decline the amended date on the terms set out in that clause. Where a Booking is cancelled or curtailed due to circumstances falling within clause 15, no fee shall be payable to the Artist unless the Company has been paid by the venue in respect of that Booking. 11. Reliability and Standing The Company records the reliability of each artist on its roster. Each artist holds one of the following standings: • Active — the Artist receives offers normally; • Under review — the Artist receives no offers pending discussion with the Company; • Suspended — the Artist is removed from the offer system. The following are recorded as strikes: • cancellation of a confirmed Booking within seventy-two (72) hours of the performance start time, other than a withdrawal following a material amendment under clause 5; • arrival at the venue after the advertised performance start time; and • two (2) recorded instances within any twelve (12) month period of arriving later than forty-five (45) minutes before the advertised start time, which together constitute one (1) strike. The Company may also record a strike in respect of any other act or omission by the Artist which, in the Company’s reasonable opinion, falls below the standards required by clause 6 or otherwise affects the Artist’s reliability or professionalism. The Company shall notify the Artist of the reason for any strike recorded under this paragraph. Strikes are recorded by the Company alone. A venue may report a concern to the Company, but no venue or other third party determines whether a strike is recorded or whether an Artist’s standing changes. Any such report is assessed by the Company acting reasonably before any record is made. Where an Artist accrues three (3) strikes within any rolling twelve (12) month period, the Company may suspend the Artist. Strikes expire twelve (12) months after they are recorded. Failure to attend a confirmed Booking without notice shall result in the Artist being placed under review immediately, irrespective of the number of strikes recorded. The Company shall not record a strike where the Artist is unable to perform due to illness, bereavement, accident, severe weather, or other circumstances reasonably beyond the Artist’s control. All cancellations are recorded for operational purposes, whether or not a strike is applied. Whether a cancellation falls within this paragraph is determined by the Company acting reasonably. The Company shall notify the Artist when a strike is recorded and when the Artist’s standing changes. 12. Availability and Communication The Artist agrees to keep their availability current within the portal, and to respond to communications from the Company within a reasonable timeframe. Persistent failure to maintain accurate availability or to respond to communications may result in the Artist being placed under review. 13. Vetting and Removal The Company vets all artists before admission to its roster and may decline any application at its discretion. The Company may remove any artist from its roster where conduct, reliability, professionalism, or performance standards fall below acceptable levels, or where the Artist ceases to hold valid public liability insurance. 14. Non-Circumvention The Artist acknowledges that the Company introduces artists to venues and clients through substantial business development, marketing, vetting, and operational investment. During the term of this Agreement and for a period of twelve (12) months following the Artist’s last performance at a venue arranged by the Company, the Artist shall not directly or indirectly: • accept direct bookings from that venue or client; • negotiate future performances directly with that venue or client; • provide services to that venue or client otherwise than through the Company; or • attempt to bypass the Company in connection with any booking opportunity introduced by the Company. This clause applies only to performances of a kind supplied by the Company, being live acoustic covers performances at hospitality venues. It does not restrict the Artist from performing original material, performing as part of a band, teaching, or providing any other service to that venue or client, whether or not arranged through the Company. Where the Artist is approached directly by a venue or client introduced through the Company, the Artist shall notify the Company promptly. This clause does not apply to any venue or client with which the Artist had an established working relationship before being introduced by the Company, where the Artist has notified the Company of that relationship in writing. Breach of this clause shall constitute a material breach of this Agreement, and the Company reserves the right to pursue recovery of lost fees, damages, legal costs, and to seek injunctive relief. 15. Force Majeure Neither party shall be liable for any failure or delay in performing obligations under this Agreement caused by circumstances beyond its reasonable control, including severe illness, accident, transport disruption, severe weather, venue closure, power failure, government restriction, technical failure, or civil emergency. In such circumstances, affected Bookings may be cancelled, rearranged, or amended without liability on either side. 16. Content, Promotion and Reputation The Artist agrees to represent the Company professionally at all Bookings arranged by the Company. The Artist grants the Company a non-exclusive, royalty-free licence to use photographs, video, audio, and promotional content relating to Bookings arranged by the Company, together with the Artist’s name and likeness, for marketing, promotional, advertising, and portfolio purposes. The Artist may be asked, but is not required, to tag the Company on social media, provide promotional content, or participate in reasonable marketing activity. The Artist shall not make, publish, or share any statement, whether online, in print, or in any public forum, which is untrue, misleading, or disparaging of the Company, its officers, its staff, or any venue or client to which the Artist has been introduced by the Company, and which is likely to damage the Company’s reputation or commercial relationships. The Company shall not make any untrue, misleading, or disparaging public statement about the Artist. Where the Artist has a concern or complaint about the Company, a Booking, or a venue, the Artist shall raise it with the Company in the first instance. Nothing in this clause prevents the Artist from making a protected disclosure, reporting any matter to a regulator, law enforcement body, or professional adviser, giving evidence, complying with any legal obligation, or expressing an honest opinion in the course of a good-faith complaint. The Artist shall keep confidential the fees the Company charges venues, the Company’s pricing structure, venue contact details, and any other non-public commercial information obtained through this Agreement, and shall not disclose it to any third party except as required by law. 17. Liability Nothing in this Agreement limits or excludes either party’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability which cannot lawfully be limited or excluded. Subject to the above, the Company shall not be liable to the Artist for loss of earnings, loss of future bookings, loss of reputation, indirect loss, consequential loss, or business interruption. Subject to the above, the Company’s total liability in respect of any individual Booking shall not exceed the fee payable to the Artist for that Booking. 18. Termination Either party may terminate this Agreement at any time by giving written notice to the other. The Company may terminate this Agreement with immediate effect where the Artist: • materially breaches this Agreement; • is suspended under clause 11; • fails to attend a confirmed Booking without notice; • acts unprofessionally toward a venue, its patrons, or the Company; • breaches clause 14; or • engages in conduct likely to damage the Company’s reputation or commercial relationships. Termination shall not affect any Booking already confirmed, any accrued rights or liabilities, any unpaid invoice, or any provision intended to survive termination, including clauses 14, 16, 17, and 21. 19. Data Protection The Company shall process personal data relating to the Artist, including contact details, profile information, booking history, reliability records, insurance details, and payment information, in accordance with applicable United Kingdom data protection legislation and the privacy notice published at www.rdmusicservice.com. 20. General This Agreement, together with the details of each Booking recorded within the portal, constitutes the entire agreement between the parties relating to the Artist’s engagement and supersedes any prior agreement, arrangement, or understanding between them. The Company may amend this Agreement from time to time by giving notice to the Artist through the portal or by email. Amended terms shall apply to Bookings claimed after the date of the notice. No failure or delay by the Company in enforcing any provision of this Agreement shall constitute a waiver of its rights. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. A person who is not a party to this Agreement shall have no rights to enforce any of its provisions. 21. Governing Law and Jurisdiction This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction in relation to any such dispute or claim. 22. Acceptance By accepting this Agreement through the portal, electronic signature system, email confirmation, or other written acceptance method used by the Company, the Artist confirms that: • they have read and understood this Agreement; • they are authorised to enter into this Agreement; • the information provided to the Company is accurate; • they hold valid public liability insurance as required by clause 7; and • they agree to be legally bound by this Agreement.