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Thanks to everyone for your replies. I thought it might be a good idea to type out the contract for all to see. I cannot see anywhere where it states that the Act is liable if they cancel, and nothing about cancelling due to illness. In fact, Clause 2 leaves the onus down to the Agent. I cannot see that the Act were in breach of this contract at all. If anyone can, please point it out to me.
As for the £1000, I have no idea where that figure comes from. There hasn't been a breakdown given, and the Act were only being paid £300 for the gig. They paid £70 for the hire of a van, which they never used in the end, so they were, in fact, out of pocket themselves. It was a very unfortunate situation, and they really wanted to do the gig because £300 would have been enough for them to produce their next EP. But, someone was ill, I tried to find a replacement and couldn't, the Agents said they would find a replacement and didn't, so I see it as completely unfair that they are suing for compensation. The band member who was ill has a doctor's certificate, and a back to work certificate to prove his illness, so the Agent cannot claim falsehood or misstatement. It was just one of those things that happens from time to time.
I do understand what everyone is saying about them not signing the Contract, but surely because it states in Clause 1 that the parties to the Contract are solely the Agent and the Act, then they should have sent me their signed copy?
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1. The parties to this contract are solely and Agent and the Act.
2. The Agent undertakes to provide by all reasonable means and endeavours the services herein defined and undertakes all obligations and liabilities incurred as a result of the provision of these services.
3. The services to be provided by the Agent are to be the provision of the Act to the specification of the Engager at such times as specified by the Engager.
4. The Act agrees to be solely contracted to the Agent for the purpose of the provision of the services defined in this agreement and all obligations and liabilities incurred in the provision of these services shall be enjoyed exclusively by the Agent subject to the provisions herein defined as:-
a) The Engager undertakes to provide full provision of a safe supply of electrical power to the Act, where appropriate
b) The Engager will assume full responsibility for any loss or damage incurred by the Act where such damage is as a result of any reasonably forseeable event outside the control of the Act whilst they are at the venue.
5. The Agent does not accept liabilty for any loss or damage occurring as a result of falsehoods or misstatements declared by either the Act or the Engager.
6. Where a deliberate falsehood or misstatement has resulted in loss or damage caused by the Agent, the Agent reserves the right to seek remunerative compensation from the party deemed to have made such representations for any losses caused to it's good name and reputation or in a pecuniary manner.
7. All fees payable to the Act shall be agreed solely between the Agent and the Act, and should not be disclosed to the Engager.
8. In the event of cancellation of the performance by the Engager not more than one calendar month before the contracted date, a compensatory payment of fifty percent of the full agreed fee shall be payable to the Act, except where otherwise mutually agreed in writing and signed by both parties.
9. Any communications required between the Act and the Engager shall be made exclusively through the Agent.
10. Any modifications to the contractual terms shall only be made with the full agreement of the Agent and the Act, and will not form any alteration of any of the general contractual obligations herein agreed.