ISM MUSIC JOURNAL JULY/AUGUST 2021 | LEGAL & BUSINESS
Returning to work at weddings and civil ceremonies Professional harpist Anna Wynne, ISM’s Information and Advice Officer, provides guidance on contracts for those performing at weddings and civil ceremonies
As restrictions ease and people begin to have larger weddings and civil ceremonies, more musicians may be asked to perform at these events. The future is still uncertain and there are concerns that restrictions may be re-introduced on a partial or local basis to deal with new COVID variants or surges in cases. So now it is more important than ever to enter into a written contract with your clients, setting out the obligations and commitments of both parties. Try not to rely on a verbal agreement, as the terms of the agreement are harder to prove if there is any dispute. Above: Anna Wynne, ISM’s Information and Advice Officer Photo: Yvonne Thompson
In this feature we take you through some of the items that your contract should include, but make sure you receive legal advice before entering a contract. ISM members can contact legal@ism.org for free legal advice on any queries you have about contracts, or if you would like your contract to be reviewed.
Force majeure clauses ‘Force majeure’ in contract law generally describes unforeseeable events or circumstances beyond the control of the parties involved, which may prevent, hinder or delay in fulfilling the purpose of a contract. Force majeure clauses are contractual clauses that alter the obligations and liabilities of the parties under a contract. A ‘force majeure’ event can include pandemic, war, famine or strikes.
There is no legal definition of ‘force majeure’, so any clauses should be drafted clearly to include the relevant ‘force majeure’ events in plain English and to explain what will happen to the contract if one of these events happens. For example, your force majeure clause could allow you to postpone performance of the contract for an agreed period, so there is the chance of earning the originally agreed fees when circumstances permit. If you receive a contract containing a force majeure clause (or if you offer your own contract with a force majeure clause), take advice on the likely effects of the clause to be sure you understand what could happen if the clause is invoked.
Non-refundable deposits Many musicians have tried to rely on retaining a contractual non-refundable deposit. However, these are likely to be considered unfair terms under the Consumer Rights Act 2015.
But it is reasonable to retain some of the monies paid prior to the actual performance where you have undertaken administrative work, incurred costs, undertaken rehearsals etc. To help achieve this, consider adding a clause which allows your time and effort for administrative work and rehearsals to be recognised. In the event that the wedding or civil ceremony does not take place, you may be able to It is worth thinking about including such a clause in retain a proportion of the overall fee for any work order to prevent your clients simply claiming that the completed prior to the actual engagement. Even with contract has been frustrated (eg because they cannot this type of clause in place, you will need to evidence now have the number of guests originally intended because of COVID restrictions) and therefore they have the work you are claiming the money for. If individual circumstances allow you to rely on the clause, the cost no obligation to pay fees or to fulfil any other agreed items. A force majeure clause will generally relieve the will have to be proportional to the amount of work parties of some of their obligations, and it is important done and you would need to be able to provide a written bill with a proper fee structure for each piece to understand the effects if such a clause is invoked. of work completed. So it is important to document all your costs as you go along in order to have the evidence to rely on at a later date.
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