Terms of Service
Engagement Policy and Terms of Service
Section A: Artist/Client Information Provisions
The following Information Provisions will be detailed during the negotiation and agreement process in consultation with Alice. They will be itemized in a Performance Agreement from Alice. The Purchasing Party (you) is referred to as "Client" and Alice Freeman is referred to as "Artist" in the Provisions below. An invoice will be provided if requested.
- Client Name, Address, Phone, Email
- Contact Person, Phone, Email
- Type of Event, Day and Date of Performance
- Arrival Time, Start Time, Duration
- Event Location, Address, Phone, Directions
- Estimated Number of Guests, Capacity, Curfew Time
- Indoor/Outdoor, Outdoor Cover, Rain-out Plans
- Acoustic (without amplification) / Amplified Performance
- Artist provides amplification where required: Full P.A. / Battery Amp
- Electricity if required: 120V correctly grounded outlet usually within 25 feet of harp
- Parking provided by: Artist / Client, Access via:
- Additional Artist accommodation where required provided by: Artist / Client
- Additional Special Provisions:
Section B: Artist Provisions
The Artist Provisions and the Client Provisions following (Sections B & C) are the publicly posted "Performance Considerations" for Alice's Performance Agreement.
- Artist Space and Lighting Requirements - The Client will provide a safe playing location with sufficient ambient light. An approximately 4 foot by 6 foot by 7 foot high area is required for the pedal harp. Additional space is necessary for amplification as required.
- Artist Performance - The Artist shall perform, dress and present in a professional manner. The Artist will provide harp, chair, music stand and lights (if needed). The Artist shall conduct the performance in a safe manner. The Artist shall at all times have complete supervision, direction and control over the manner, means and details of this performance.
- Artist Performance Time - The Artist's performance chargeable time shall be deemed to be from the agreed performance start time to the agreed performance finish time. The Artist shall endeavor be ready to perform fifteen minutes prior to the agreed harp performance start time in the event that the harp performance is required earlier by mutual agreement with the Client. The Artist reserves the right to arrive at the venue at the time deemed necessary by the Artist for set-up prior to the performance.
- Artist Performance Rest Breaks – For agreed performance times of greater than one hour in duration the Artist shall take a rest break of ten minutes duration away from the harp within every full hour of harp performance. The Artist rest break shall increase to 15 minutes in duration within the fourth hour and subsequent hours of harp performance.
- Wedding Ceremony Performance Time - The standard wedding ceremony performance time shall be deemed to be one hour in length from the mutually agreed performance start time as designated when booking. Additional performance time for overtime ceremonies unless by prior expressed agreement by both parties is at the discretion of the Artist and is subject to the Artist's commitments elsewhere. A fee for additional playing time or rehearsals is applicable should the parties mutually agree to such extensions of this performance time.
- Cocktail Hour and Reception Performance Time - The minimum performance time shall be deemed to be one hour in length from the mutually agreed performance start time as designated when booking. Additional performance time for overtime events unless by prior expressed agreement by both parties is at the discretion of the Artist and is subject to the Artist's commitments elsewhere. A fee for additional playing time or rehearsals is applicable should the parties mutually agree to such extensions of this performance time.
- Set-up Time - A fee for additional wait time prior to a performance is applicable should the Client require the Artist's presence earlier than is deemed necessary by the Artist for equipment set-up and site preparation. The Artist does not charge for equipment set-up and site preparation as deemed necessary by the Artist.
- Performance Time Extension - A fee for additional playing time is applicable should the parties mutually agree to such extension of performance time.
- Rehearsals - Performance fees do not include any rehearsals.
- Music Requests - The Artist reserves the right to not play music requests at the event. The Artist shall not accompany other musicians unless otherwise expressly agreed on prior to the event with the Artist. If specific music is not requested by the Client by thirty (30) days before an event, the Artist will substitute music of her choosing appropriate to the event. The Artist will only accept music instructions from the Client or another person appointed by the Client.
- Wedding Music Requests - The Artist reserves the right to accept wedding music requests not in her current repertoire dependent on if they are appropriate for and playable on a harp. $75 will be charged for each piece of new music requested that is not listed on the Wedding Repertoire page on this Web site.
- Consultation - Performance fees do include a free one-hour consultation on music at the Artist’s studio when requested.
- Overnight Lodging – When the Performance Location is more than 200 miles (one way) from Laramie the Client is requested to provide the Artist with non-smoking overnight lodging for one night. When the Performance Location is more than 350 miles (one way) from Laramie the Client is requested to provide the Artist with non-smoking overnight lodging for the night before and the night after the Performance.
- Performance Location - Unless agreed upon in advance, it is assumed that the performance site is on ground level and indoors. If the performance site is not on the ground level, there must be handicap or elevator access. Parking adjacent to each location/site must be provided and paid for (if necessary) by the Client.
- Outdoor Performance with the pedal harp, the wood Celtic harp or the hammered dulcimer - For outdoor engagements, shelter from all weathers must be provided (including shade from the sun) by either the Client or the Artist (as specified in Section A). A solid platform for the instruments must be provided by the Client or the Artist if the event is to be held outside. The harps shall not be placed directly on the grass, dirt, sand or gravel. An alternate indoor or sheltered site at the same location must be available in case of inclement weather. It is solely the Artist’s decision and at the Artist’s discretion whether or not to perform outdoors. In no case will the Artist’s person, instruments, or equipment be subjected to damage or risk from weather, and the estimation of such risk is solely the Artist’s prerogative. The Artist will not perform with these instruments in temperatures lower than 60 degrees Fahrenheit, will not perform in any kind of precipitation, will not perform when winds exceed 20 mph, and will not perform when there are impending electrical storms. The Client assumes risk of cancellation if the Artist is unable to perform because of weather conditions and no acceptable alternative has been made. In this event, the Client will be responsible for 100% of the contract amount.
- Outdoor Performance with the carbon fiber Celtic harp - For outdoor engagements artificial shelter is usually not required. A level platform for the harp and the Artist’s bench is preferred. It is solely the Artist’s decision and at the Artist’s discretion whether or not to perform outdoors. The Artist will not perform in extremely hot or cold temperatures, high wind, blowing dust, snow, rain, hail or impending electrical storms. The Client assumes risk of cancellation if the Artist is unable to perform because of weather conditions and no acceptable alternative has been made. In this event, the Client will be responsible for 100% of the contract amount.
- Cancellations - All cancellations must be in writing. If a cancellation occurs less than one (1) month before the performance date, payment will be refunded ONLY IF THE SCHEDULED DATE IS SUCCESSFULLY RE-BOOKED BY THE ARTIST. If unsuccessful in booking the date, all payments will be forfeited. The agreement of the Artist to perform is subject to proven detention by sickness, accident, accident to means of transportation, riot, strikes, inclement weather or other Acts-of-God, or any other legitimate conditions beyond human control, with the Artist reserving all rights to substitute another competent musician as necessary. In the event the Artist is forced to cancel the performance due to the above-mentioned conditions, and is unable to provide a substitute, the entire deposit and/or final balance will be refunded to the Client by personal check within seven days after cancellation. The contract would then become null and void. In the event of cancellation, the Client may incur loss of funds due to unforeseen circumstances such as inclement weather, road closures by law enforcement or fire protection agencies, terrorism, or act of war, if no mutually agreeable rescheduling can be made.
- Artist as Contractor - The Artist executes the terms of this agreement as an independent contractor, not as an employee of the Client. Responsibility for payment of the Artist income taxes, Social Security and Workman's Compensation collected on the Artist compensation is assumed by the Artist.
- Performance Rights - The responsibility for any applicable ASCAP, BMI or SESAC licenses or performing rights fees is legally that of the venue and its owners.
- Compensation Amount - Total Compensation will be detailed in a Performance Agreement or Invoice (Artist EIN 20-4293482, Wind and Roses, LLC, UW Vendor Number 74839)
- Confirming Deposit - A minimum 50% deposit payable to Wind and Roses, LLC shall be in the hands of the Artist to reserve the date of the engagement unless mutually agreed on in advance to be waived.
- Performance Agreement - The Information Provisions as agreed under Section A will be itemized in a Performance Agreement from the Artist to the Client. The Terms of Service for the Agreement are deemed to be posted on this web page currently viewed.
- Contract - A signed Performance Agreement may be required by either the Artist or the Client in lieu of the Terms of Service as posted on this web page currently viewed. The Artist is free to release the date and is under no further obligation if the Client fails to meet the above deposit requirement or contract signing. The Artist reserves the right to waive (in writing) the deposit requirement.
- Deposit Refund - This deposit is non-refundable for the 50% portion of the original contracted Compensation Amount if the Artist is ready, willing and able to meet the terms of this agreement, even if the Client should later cancel this engagement. The Artist reserves the right to refund the deposit only under very exceptional circumstances if the Artist believes reasonable notice of cancellation is given by the Client and no other bookings have been refused in lieu of the Client's deposit.
- Client Time, Date, Venue Change - This deposit is non-refundable if the Client changes the time, date and/or venue and the Artist is ready, willing and able to meet the terms of the original agreement. The client is required to secure the new agreement for time, date and/or venue with an additional 100% deposit. The Artist is free to release the new agreement and is under no further obligation if the Client fails to meet the second additional 100% deposit requirement and (when required by the Artist) contract signing . The Artist reserves the right to refund the first original 50% deposit for the original agreement only under very exceptional circumstances if the Artist believes reasonable notice of changed time, date and/or venue is given by the Client and no other bookings have been refused in lieu of the Client's original deposit.
- Final Payment - The remainder of the compensation is due no later than 30 days before the event unless the Artist and Client have agreed that payment of fee is due immediately upon completion of the performance. If the Artist shows up for an engagement prepared to play and her services are not used, the full fee will be paid.
- Client Cancellation - If the Client cancels the engagement less than one (1) month from the intended event date, s/he shall be responsible for paying the remainder to the Artist. The Artist reserves the right to waive this cancellation provision only under very exceptional circumstances.
- Client Family, Guests, Employees - The Client shall take full responsibility and liability for the actions of his/her family, guests (including children), patrons, agents, employees or any others deemed necessary to the performance. The Client's family, guests (including children), patrons, agents, employees or any others deemed necessary to the performance are neither the responsibility of nor the employees of the Artist. The Client is responsible for making sure that no one interferes with the instruments and accessory equipment or the performance of the music.
- Performance Curfews - The Client shall take full responsibility and liability for any performance, stage or lock-up curfews at the event venue as provided by the Client in Section A. The Client shall not be entitled to a full or partial refund in the event of time restriction.
- Legal Disputes – Any legal disputes will be resolved in the city of Laramie, Albany County, state of Wyoming where the Artist resides.
My guarantee is to adhere to all the above provisions and ethics. A signed contract is available with the same provisions if desired. Otherwise, these public postings stand as my Terms of Service.
Wind and Roses, LLC
January 1, 2011