Terms and Conditions for making bookings through Morgensterns

These terms and conditions set out the basis of the relationship between you and us in respect of individual booking enquiries which you make through the service.

• 1.1 The following terms, where used in this agreement, shall have the following meanings:
• 1.1.1 agreement means these terms and conditions;
• 1.1.2 client means a client of ours who has registered for the service;
• 1.1.3 data controller has the meaning given to it by the Data Protection Act 1998;
• 1.1.4 personal data has the meaning given to it by the Data Protection Act 1998;
• 1.1.5 process has the meaning given to it by the Data Protection Act 1998;
• 1.1.6 service means the diary management service operated by us for our clients;
• 1.1.7 we means Julian Morgenstern (trading as 'Julian Morgenstern Management' and 'Morgensterns' and based at PO Box 3027, South Croydon, CR2 6ZN), and us , our and ours shall be interpreted accordingly;
• 1.1.8 you means the fixer to whom this agreement is directed, and your and yours shall be interpreted accordingly.
• 1.2 In this agreement:
• 1.2.1 words importing a particular gender do not exclude other genders;
• 1.2.2 use of the singular includes the plural and vice versa.

• In consideration for our passing on your booking requests to clients, you agree to be bound by the terms of this agreement.

• 3.1 We shall pass on your booking request to all clients matching the criteria that you provide to us.
• 3.2 We do not guarantee that we will be able to find a musician to meet your requirements.
• 3.3 If you have requested a specific client, we shall endeavour to communicate the booking opportunity to him at the earliest possible opportunity.
• 3.4 In the event that you book a client through us, you shall agree all terms and conditions of that booking directly with the client.
• 3.5 We shall communicate to the client the relevant logistical details about the event that you advise us of. These may include, for example, the name of the orchestra, dates and timings and details regarding the location of the concert, and any dress requirements that you stipulate. In special cases, such details may also include programme information and seating positions.
• 3.6 All details relating to the payment of fees to the client for any services to be performed by him are to be agreed by you and the client, such details to include the timing of such payment and value and of such fees.
• 3.7 We may, at our discretion, request from you financial details such as the amount of the fee and the payment date of the fee. Where we request this information, it is done to provide what we regard as relevant logistical details, and may not be considered as establishing a contract between us and the client.
• 3.8 A booking will be confirmed or declined when the client has informed you of his decision either direct or by us at his specific request. You will be deemed to have received such confirmation or rejection in case of a telephone call at the time at which the call is made and in the case of a fax or e-mail at the time at which the message is sent providing that the correct telephone number or e-mail address has been used.
• 3.9 Where we act as agent and accept a booking on behalf of a client as described in Clause 3.8 above, this will only apply to that particular booking. It should not be assumed that we will act as agent on subsequent bookings with the same client.
• 3.10 You may make booking enquiries by any of the following means: telephone, fax, email, and post. We reserve the right to change the means available to make booking enquiries without prior notice. We are not responsible for any failure of any communication services. Only booking enquiries actually received by us will be passed on to our clients. It is your responsibility to ensure that we have received your enquiry.

• 4.1 You shall pay all fees and any other payments due to a client directly to the client in a timely manner in accordance with best practice recommended by the Musicians Union.
• 4.2 When arranging a booking, it will be assumed that you have guaranteed funds to pay the agreed fee to the client with whom the booking is being made. You must advise the client in question should this not be the case and allow him to withdraw any acceptance of the booking he may have made.

• 5.1 We reserve the right to monitor and record business-related telephone conversations for our legitimate business purposes, including the proper training of staff.
• 5.2 We will only record telephone conversations to the extent permitted by the relevant legislation, including but not limited to the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 and the Regulation of Investigatory Powers Act 2000.

• 6.1 Our hours of business are between the hours of 8 am and 12 am, Monday to Sunday, every week of the year.
• 6.2 Between the final two weeks of December and the first week of January we operate a reduced service and will be closed on various days (to be decided) during this period. In early December of each year, we will put details on our website, www.morgensterns.com, of the times when the service will be available during this period.
• 6.3 We reserve the right to vary these opening hours without prior notice.

• 7.1 Nothing in this agreement shall, nor should be construed as an attempt to, limit or exclude our liability for death or personal injury resulting from any act, omission or negligence on our part.
• 7.2 Our 'By-Instrument-Availability' list service is provided for guidance purposes only. We make no warranties that a client who appears to be available on this list will in fact be available for bookings, nor do we accept any liability for losses suffered in relation to such. Furthermore it should not be assumed that clients identified by our by-instrument-availability-lists, as having bookings on the requested date will not in fact accept the work you offer. You should always contact us to confirm the client's availability before making a booking.
• 7.3 We make no warranties concerning, nor accept any liability for losses arising in relation to, the accuracy of the information set out on our website, www.morgensterns.com in particular, we make no such warranties in relation to, nor accept any liability arising from, clients' biographies, qualifications or abilities.
• 7.4 We make no warranties concerning, nor accept any liability for losses arising in relation to, any client who, having accepted a booking, subsequently purports to withdraw such acceptance.
• 7.5 Furthermore, we make no warranties concerning, nor accept any liability for losses arising in relation to, the quality, performance standards, attendance, punctuality, suitability of dress or behaviour, or any other standard of any client at an event at which he has been booked by you to perform.
• 7.6 We will have no liability to you for any claim, regardless of the form of action, whether in contract, strict liability or tort (including negligence), to the extent that it is or can be characterised as a claim for (or arising from) loss of revenue, profits, anticipated savings or business opportunity; loss of goodwill or injury to reputation; losses suffered by third parties; or indirect, consequential or special loss or damage.
• 7.7 You shall take all necessary steps to reduce any loss caused by any act or omission on our part. By way of example, in the event that we have double-booked a client, you shall attempt to find and book a replacement musician to perform in his place.
• 7.8 Our total liability to you in respect of any booking shall be limited to the booking fee payable by you to the client excluding any amounts due for travel or accommodation.

• 8.1 We may, for the purposes of fulfilling our obligations under this agreement, supply you with the contact details (including but not limited to telephone number, email address, and home address) of a client. We will do so only with the express consent of the client and solely for the purpose of enabling you to offer him a booking. Such details are not provided, nor will you use them, for any other purpose, including but not limited to the marketing and sale of goods and services.
• 8.2 If under this agreement you process any personal data in relation to which we are the data controller, you will only do so strictly in accordance with your obligations under this agreement, and you shall use all appropriate operational and technological processes and procedures to keep the personal data safe from unauthorised use or access, loss, destruction, theft or disclosure.
• 8.3 You shall not disclose any contact details provided by us under Clause 8.1 or other personal data to any third party without the express consent of the client to whom they relate.

• 9.1 This agreement constitutes the entire agreement between the parties in respect of the service and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the service.
• 9.2 The interpretation and construction of this agreement shall be governed by English law and you and we submit to the exclusive jurisdiction of the English courts for the determination of any disputes arising out of it.